The loan agreement comes into force after signing and all disagreements between the borrower and the bank must be resolved in accordance with the terms of the agreement signed by them. Therefore, the borrower must keep the agreement throughout the entire loan period and for another 3 years after repayment of the loan (statute of limitations). Therefore, questions arise about what to do if you lose a loan agreement and how to restore it. This article is devoted to answering this question.

So, first of all, the borrower must understand that his copy of the loan agreement must be available regardless of the situation. And if for some reason loan agreement lost, you must immediately begin the procedure for restoring the contract.

There are cases when a borrower has lost a loan agreement, but he still has the bank details for paying the loan, there is a payment schedule and he believes that this is enough and the agreement does not need to be restored. It is worth warning about possible negative consequences in this case. For example, a bank unilaterally raises interest rate for a loan, if there is no loan agreement in hand, the borrower will not be able to find out what conditions are in the agreement in this regard.

Important! If you are dealing with your own case related to the loss of a loan agreement, then you should remember that:

• All cases are unique and individual.
• Understanding the basics of the law is useful, but does not guarantee results.
• The possibility of a positive outcome depends on many factors.

Important! When protecting the rights of the borrower in court, a loan agreement is also necessary.

How to restore a loan agreement if lost?

So, if the borrower has lost the loan agreement, then it is imperative to restore it. To do this, you need to contact the bank where the loan was issued and request a duplicate of the loan agreement.

Important! A duplicate of the loan agreement must be properly executed. The agreement must contain not just the text of the document, but also the signature of the head of the bank and the seal of the credit institution.

The bank, upon request of the borrower, is obliged to issue a duplicate of the loan agreement. Moreover, since the contract must be issued in the proper form, as a rule, the borrower can receive the contract within seven days from the date of application.

Important! When restoring the agreement, the bank may charge a fee for issuing a duplicate loan agreement.

A situation may also arise when not only the loan agreement is lost, but also the bank details (current account number) for which the borrower must pay the monthly installment.

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If the borrower has retained receipts with checks for previous months of payment, then the current account number and other details can be found in this document.

To avoid late payments, you need to personally contact the bank with your passport and receive payment details for the loan. Moreover, if it is not possible to contact in person, then you can call the bank and provide your passport details, clarify the account number, the date by which the payment must be made and other necessary information.

In order not to miss the loan payment deadline, it is advisable to connect a reminder to mobile phone about payment. This service is provided by the bank, sending an SMS to the borrower’s mobile phone a few days before payment with a reminder of the need to make a payment.

Besides, background information The borrower can find information about the bank's work schedule, hotline numbers and other necessary information via the Internet on the official website of the lending bank.

It is worth adding that the borrower must keep the agreement, receipts for payment of the loan, as well as a certificate of absence of debt on the loan for three years after full repayment of the loan. Since during this period the bank or borrower can go to court to protect their rights under this loan obligation. After three years after repayment of the loan, there is no need to store these documents because the period for judicial protection under this obligation has expired.

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So, this article talks about the importance of the borrower having a loan agreement and gives practical recommendations what to do if the contract is lost.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

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What to do if you lose your loan agreement?

If you lose your loan agreement, don’t start panicking. Nothing terrible happened, and such situations are not uncommon. What needs to be done and who will help you obtain a duplicate document will be discussed below.

For what purposes is it necessary to have a loan agreement in hand?

A loan agreement is the main document confirming the conclusion of a transaction between a borrower and a credit institution. It contains all the basic information on the loan: the amount of monthly payments, bank details, responsibility of the parties. Two copies of the agreement are drawn up, one of which remains with the creditor bank, the second with the borrower.

If you have lost the contract, you will not be able to defend your interests in court. For legal settlement claims will need to provide the original loan agreement with the bank.

However, the main problem when a loan agreement is lost is most often the loss of the payment schedule and details credit organization. This may lead to delays. Conscientious borrowers try to avoid such situations in order to avoid paying additional fines and penalties.

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What to do to restore the loan agreement?

To do this, you need to contact the office of the bank that issued the loan with a written application. In the application you will need to indicate your passport details and ask for a duplicate of the loan agreement. In most cases, banks establish penalties for the loss of a contract and charge a fee for providing services for its restoration. After accepting your application, an employee of the credit institution will inform you when you can come for a duplicate. It usually takes several days to produce it. Upon receipt of the document, check for the presence of the bank's seal and the signature of an authorized person (manager or deputy).

How to find out payment details if the loan agreement is lost

1. Bank details can be found on receipts from previous payments. If you have always paid on time, you can also find out the approximate date of payment there.
2. If you need to make a first payment or your receipts are also lost, contact your bank. Employees of the credit institution, after checking your passport data with the borrower database, will print out your payment details.
3. For getting bank details you can call on hotline and clarify the necessary information over the phone. At the same time, you will also be asked to dictate your passport information.
4. If you made loan payments using online banking, in the “Payment History” section you will find information about all transactions performed.

• Even if you know what details and when you need to make payments, still go to the bank and restore the agreement. You may need it if the creditor has any claims against you. By law, it is necessary to preserve the loan agreement and all receipts confirming the payment made for three years from the date of full payment of loan obligations. Until the statute of limitations expires (3 years), the bank has the right to make claims against the debtor by going to court.
• After making your last payment, do not forget to obtain a certificate of no debt.
• To avoid unpleasant situations in case of loss of the loan agreement, after completing the transaction and receiving all the documents in hand, make several photocopies of the loan agreement.
• To avoid delays even if there is no contract and payment details, activate the “Autopayment” service. The system itself will debit the required amount at the specified time from your card and use it to repay the loan.

Conclusion

Losing your loan agreement can cause you some trouble. You can avoid them by contacting the bank in time and receiving a duplicate document.

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Lost loan agreement. What should I do?

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What are the consequences of losing a loan agreement?

The conclusion of the loan agreement occurred recently, and you do not remember the repayment date and the exact amount. This can lead to the first delays and the fact that your credit history will be damaged.

How to find out the loan payment terms if the agreement is lost

There are several ways to do this:

• View bank details, loan agreement number and amount on the check.
• Banks have online services. After registering and logging in Personal Area, you can find the necessary information. If you have a debit card, you can make payments from it.
• By calling the hotline (even while in another city). After several clarifying questions, the operator will tell you everything. The hotline number is not only on the banking website, but also on all advertising brochures.
• Upon request to the credit bureau.

Is it possible to get a duplicate of the loan agreement?

A loan agreement is the result of a bilateral agreement between you and the bank. Bank loan agreements are stored in archives, but there is always an electronic copy of it that can be printed.

What to do if you have lost your loan agreement

1. First of all, do not delay solving the problem of restoring the contract. If you remember which bank branch the document was signed in, go there immediately.
2. Describe the situation to the employee and ask them to reprint your copy. Most likely, you will have to pay some amount for this service. If you are denied a duplicate, call the hotline. By law, you must have either the original or copies of the required documentation.
3. The lender will set a date for you to come and pick up your bank loan agreement marked “Duplicate”.
4. In order not to wait these few days, but to make payment now, ask the employee to print out a receipt for you, or write out the account number for crediting funds to it. Be sure to check the manager’s signature on the loan agreement and the wet seal of the credit institution.

• According to the law, the borrower undertakes to keep not only the agreement, but also all paid receipts.
• Documentation storage period is at least 3 years
• Find out if the website of the institution that issued you the loan offers the “Autopayment” service, when funds to repay the loan are written off automatically.
• Handle such documents carefully and you will be able to avoid many worries and problems.

Read also

Reviews and comments

Tatyana 10/30:34

Financial and personal documents must be kept under seven seals. It is best to purchase a small home safe and store them there. And it is not expensive and very convenient (especially when you train yourself to put important papers in it). When you move, you definitely won’t forget it, and during renovations you won’t sew it into drywall.

Pilar999 07.11.:32

I don’t see anything wrong with this situation - the loan agreement is restored by the bank. And banks often notify you via SMS that the next payment is approaching. I signed up this service to be calm and not miss payment on the loan.

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How to get a copy of a loan agreement from Sberbank

How to get a copy of a loan agreement with Sberbank? At the branch where the loan was issued they say that we do not have a copy.

Lawyers' answers (1)

Contact the branch where you took out the loan. Issued on the same day without any problems. They also issue certificates of debt.

Looking for an answer?

It's easier to ask a lawyer!

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Ask our lawyers a question - it’s much faster than looking for a solution.

Sberbank receive a written copy of the loan agreement

Features of a mortgage agreement in Sberbank

The bank, at the client’s request, can issue borrowed funds in foreign currency or Russian rubles. The main thing is that the basic conditions under which Sberbank issues mortgage loans are met:

Of course, these are not all the terms of the Sberbank mortgage agreement; you can study all the clauses of this agreement in more detail by downloading the sample:

Why do you need to enter into a preliminary agreement?

Before concluding a mortgage agreement with the bank, the lender must provide a preliminary purchase and sale agreement (PDPA) with the seller of the apartment, which must indicate:

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The agreement must be concluded in writing.

Without a preliminary purchase and sale agreement approved by Sberbank, a loan agreement will not be concluded with the borrower.

Important points when taking a Sberbank mortgage

Early repayment of a loan from Sberbank and return of insurance

There are banks that do not provide this option. However, Sberbank has an opportunity for clients that allows them to close a loan early.

In this situation, if you were nevertheless able to pay off your loan from Sberbank ahead of schedule, then you have the right to return the amount paid for insurance. However, not everyone knows about this.

What will need to be done? - copies of the loan agreement concluded between you and the bank; Let's look at each case separately: Why does a borrower need insurance?

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How to get a copy of a loan agreement from a bank?

Hello. I’m trying to get a copy of the credit card from the bank, but every time I hear some ridiculous excuses.

Please tell me, is the bank obligated to give me a copy, and is this stipulated by law?

Decree of the Presidium of the USSR Armed Forces dated 08/04/1983 N 9779-X as amended in 2003.

According to this document, organizations are required to issue copies of documents upon a written request from a citizen.

Answered by: Victoria Loginova, legal consultant at OccupyOnline.ru.

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Ask your question

I want to cancel the loan agreement; I have not yet received a bank card with credit money.

What should my actions be?

Hello Galina! If a loan agreement has been signed between you and the bank, then you need to close the debt obligation.

Regardless of whether you issued a credit card or a cash loan with its transfer to the card.

If you are applying for a cash loan, you will also need to fill out an application.

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In this case, for full early repayment of the loan. Its form will also be provided by the bank.

They will tell you everything identically necessary actions.

Accordingly, in any case, your first action is to contact the lender to draw up the necessary application. Further nuances will depend directly on your bank and the type of debt obligation being issued.

Is it possible to take a copy of a credit card from a bank, but in another city?

The bank lost the loan agreement

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date!

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Sberbank mortgage agreement

Sberbank's preliminary mortgage is short description relationships that arise between its participants. Preliminary agreement must include four main blocks: At the beginning of the contract, the passport details of the parties, place of residence and registration, and, if necessary, power of attorney data must be indicated. What is the purpose of drawing up a preliminary agreement?

A preliminary Sberbank mortgage agreement is drawn up for the purpose of agreeing and approving the text of the document by the bank.

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Fort Just

How to correctly request copies of d.

Irinka42 13 Jul:16

Often there is a need to obtain from the bank tariffs and conditions for the loan, which sometimes are not given to the borrower, copies of the loan agreement, account statements, borrower questionnaire, etc.

The general rules, based on the analysis of judicial practice, are as follows:

1. If you contact a bank branch in person, write a statement clearly indicating what you need to provide. You can refer to Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights” or the Federal Law “On Personal Data”. Specify the deadline for submitting documents;

2. If there is no bank branch in your city (or there are no branches at all, like TKS or Svyaznoy), I strongly recommend that you notarize the signature in the application for documents request, and indicate in the application that you agree that the documents will be sent to you by registered mail. The valuable letter should be sent with a description of the attachment - a notarized statement of provision.

Some examples from judicial practice:

By virtue of paragraph 2 of Art. 857 of the Civil Code of the Russian Federation, the bank guarantees the secrecy of the bank account and bank deposit, account transactions and customer information. Information constituting bank secrecy can only be provided to the clients themselves or their representatives, as well as provided to the credit history bureau on the grounds and in the manner prescribed by law.

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Refusing to satisfy the stated claims for obtaining documents from the defendant ZAO BANK, the court correctly found that violations of the provisions of Articles 10, 12, 17 of the Law of the Russian Federation “On the Protection of Consumer Rights”, Art. 857 of the Civil Code of the Russian Federation was not committed by the defendant; the Bank’s guilt in not satisfying the consumer’s demands was not established.

By virtue of Article 56 of the Civil Procedure Code Russian Federation each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.

The panel of judges agrees with the conclusions of the court of first instance that there are no grounds for satisfying the claim to impose on the bank the obligation to provide the plaintiff with copies of the card agreement and annex to the agreement, since admissible evidence confirming the fact that the plaintiff sent the above claim to the bank, as well as its receipt by the bank, are not included in the case materials.

In refusing to satisfy the claim, the court of first instance was guided by the provisions of Art. 857 Civil Code of the Russian Federation, Art. Art. 12, 56 of the Civil Procedure Code of the Russian Federation, clause 32 of the Rules for the provision of postal services, approved by Decree of the Government of the Russian Federation of April 15, 2005 N 221, and proceeded from the fact that each party must prove the circumstances to which it refers as the basis for its demands and objections. The plaintiff did not provide sufficient admissible evidence confirming the fact of her appeal to the defendant regarding the issue of issuing the required documents and the refusal to satisfy her application. The uncertified copies of the register of postal items and receipts provided by the plaintiff in confirmation of this fact cannot be such evidence, since they only indicate payment for the additional service of affixing stamps by an unknown person, without confirming the fact of sending any documents to the bank. The fact of the conclusion with OJSC Eastern Express bank" of the loan agreement is also not confirmed, since only a copy of K.’s application for concluding the loan agreement is attached to the claim; there is no information about the bank’s acceptance of the application. In addition, the receipt and register contain an imprint of the post office stamp<адрес>, while K.’s place of residence is<адрес>, the fact of being in<адрес>at this point the plaintiff did not confirm. Thus, there are no sufficient grounds to believe that the rights and legitimate interests of K. were violated by the defendant in any way and require judicial protection. The information required by the plaintiff constitutes a bank secret protected by law, and can be provided upon her personal request to OJSC Oriental Express Bank.

In the case file, the plaintiff presented a copy of the claim dated seized, sent to the bank, with a request to recalculate the amount of the repaid principal debt and accrued interest, according to the actual calculation without taking into account commissions; recalculate the amount of the repaid principal debt, according to the actual calculation without taking into account insurance, provide copies of documents on the borrower’s credit file: agreement for the issuance of a credit card Number seized, appendices to the agreement, payment schedule and extended statement personal account for the entire period due to their absence from the borrower; cash, illegally withdrawn from the borrower’s payments in the form of insurance premium commissions, credited to the borrower’s personal account, etc. (Data seized).

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Evidence that the bank received the specified claim was not presented in the case materials, as stated earlier.

The court rightfully did not accept as evidence the plaintiff’s appeal to the Bank with demands for the provision of attachments to the loan agreement, payment schedule and extended statement of personal account, the claim submitted by him dated July 7, 2014, containing, in addition to demands for the provision of the above documents, demands for recalculation of the amount of the principal debt and interest for using the loan without taking into account commissions and insurance premiums (case sheet 7), since there is no evidence of receipt of this claim by VTB Bank OJSC in the case materials.

TOPIC AUTHOR Irinka42 13 Jul:51

One of the solutions in favor of the consumer:

TOPIC AUTHOR Irinka42 13 Jul:34

Continuing the topic.

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Concluding that the defendant violated the rights of the plaintiff as a consumer by the fact that the defendant, contrary to the requirements set out in the complaint dated January 14, 2014, did not provide the plaintiff with an extract containing information about the operations carried out by the defendant under the loan agreement, the court of first instance proceeded from that the plaintiff presented evidence confirming that the plaintiff sent a claim to the defendant on January 14, 2014. In this case, the court proceeded from the fact that the fact of filing the claim was confirmed by the plaintiff’s statement dated 01/06/2014, a postal receipt dated 01/14/2014 for the sale of postage stamps, as well as the register of postal correspondence.

In refusing to satisfy M.'s claims, the court of first instance correctly indicated that evidence indicating that the bank had committed actions that violated her rights as a consumer of banking services and resulted in adverse consequences for the plaintiff was not presented in the case materials.

In support of her appeal to the creditor with a request for copies of documents, S. submitted copies of the claim from DD.MM.YYYY (case file 12), part of the register of sending postal correspondence (case file 13), receipts for the purchase of stamps (case file .d. 14).

It also follows from the case that on 08/11/2014 S. applied to Orient Express Bank OJSC with a claim containing, in particular, demands for copies of: agreement N /__/ dated 11/27/2012 for the issuance of a credit card N /__/, annex to the agreement, an extended statement of personal account from the moment of conclusion of the agreement as of the day the claim was filed (case sheet 6).

TOPIC AUTHOR Irinka42 13 Jul:54

TOPIC AUTHOR Irinka42 13 Jul:28

Only credit cards and collection letters can be sent by mail.

TOPIC AUTHOR Irinka42 13 Jul:32

TOPIC AUTHOR Irinka42 23 Jul:12

The following may not be sent to the post restante address:

TOPIC AUTHOR Irinka42 23 Jul:37

And here's the approach:

TOPIC AUTHOR Irinka42 10 Aug:09

TOPIC AUTHOR Irinka42 10 Aug:48

TOPIC AUTHOR Irinka42 18 Aug:56

Even more interesting. How, for example, can you take it from TKS or Svyaznoy if they don’t have branches in principle?

TOPIC AUTHOR Irinka42 18 Aug:44

TOPIC AUTHOR Irinka42 22 Aug:05

One of the few solutions in favor of the consumer:

TOPIC AUTHOR Irinka42 22 Aug: 25

TOPIC AUTHOR Irinka42 22 Aug: 42

SUPREME COURT OF THE REPUBLIC OF BURYATIA

judges of the panel Ikhiseeva M.V. and Bazarova V.N.,

under secretary P.,

having considered in open court a civil case based on K.’s claim against PJSC Rosbank for the requisition of documents

on the appeal of the plaintiff K. against the decision of the Zheleznodorozhny District Court of Ulan-Ude dated May 12, 2015, by which claim left unsatisfied.

Having heard the report of Judge V.N. Bazarov, having familiarized himself with the case materials, and having discussed the arguments of the appeal, the panel

The stated requirements are motivated by the fact that the specified loan agreement was concluded between the plaintiff and the defendant, under the terms of which the defendant opened a current account and provided her with a loan in the amount of<. >rub., which the plaintiff undertook to return, to pay interest for using the loan in the amount, on time and on the conditions specified in the loan agreement. The claim sent to the Bank for the request of these documents was left unanswered, which is a violation of Art. 10 of the Law “On the Protection of Consumer Rights” on the consumer receiving free reliable and necessary information about a service (product).

The plaintiff and the defendant's representative were absent from the court hearing, having been duly notified of the time and place of the trial.

The court made the above decision.

In the appeal, plaintiff K. expresses disagreement with the court’s decision, citing its illegality and groundlessness, since the court did not fully examine the evidence in the case, the court’s conclusions do not correspond to the circumstances of the case, and the rules of substantive and procedural law were incorrectly applied. Refusal to provide documents is not provided for by law. He asks to cancel the court decision and make a new one.

The plaintiff and the defendant's representative, duly notified, did not appear at the hearing of the appellate court.

Based on Art. 167 of the Code of Civil Procedure of the Russian Federation, the case was considered in their absence.

Having checked the case materials and studied the appeal, the panel finds no grounds for overturning the court's decision.

Leaving K.'s demands unsatisfied, the court of first instance reasonably concluded that the plaintiff did not prove that the defendant violated her legal rights.

By virtue of Art. 857 of the Civil Code of the Russian Federation, the bank guarantees the secrecy of a bank account and bank deposit, account transactions and information about the client. Information constituting bank secrecy can only be provided to the clients themselves or their representatives, and also submitted to the credit history bureau on the grounds and in the manner prescribed by law. Government agencies and their officials, such information may be provided exclusively in cases and in the manner prescribed by law. If the bank discloses information constituting a bank secret, the client whose rights have been violated has the right to demand compensation from the bank for the losses caused.

The arguments of the appeal do not refute the conclusions of the court, since K.’s right to receive information constituting bank secrecy was not violated by the defendant.

Thus, the court of first instance correctly established the circumstances relevant to the case, the court’s conclusions correspond to the established circumstances, the rules of substantive and procedural law were applied correctly by the court, the evidence was assessed in accordance with the rules established by Art. 67 of the Code of Civil Procedure of the Russian Federation, in connection with which the court’s decision on the arguments of the appeal cannot be canceled.

Based on the aforesaid and guided by Article. 328, 329 Code of Civil Procedure of the Russian Federation, judicial panel

TOPIC AUTHOR Irinka42 13 Sep:47

TOPIC AUTHOR Irinka42 20 Sep:15

Speaker: Potlova O.M.

presiding Potlova O.M.

judges Grebenshchikova O.A. and Gordienko A.L.

with secretary B.,

having heard in open court the report of judge Potlova O.M. civil case on appeal by L.

on the decision of the Belovsky City Court of the Kemerovo Region dated May 25, 2015 on the claim of L. against Home Credit and Finance Bank LLC for the collection of documents,

The requirements were motivated by the fact that on October 10, 2013, an agreement was concluded between her and Home Credit and Finance Bank LLC for N. to issue N.’s credit card by signing an application for a personal loan.

Under the terms of this agreement, Home Credit and Finance Bank LLC opened a current account (.) in rubles, undertook to maintain it and provide her with a credit card with a limit. rubles

She undertook to return the loan received to the lender and pay interest for its use in the amount, on time and under the conditions specified in the loan agreement.

Clause 2 of Art. 434 of the Civil Code of the Russian Federation on the form of the agreement directly indicates the possibility of concluding an agreement in writing through the exchange of documents, and clause 3 of Art. 434 of the Civil Code of the Russian Federation indicates that the written form of the agreement is considered to be complied with if a written proposal to conclude an agreement (client’s application) is accepted in the manner prescribed by clause 3 of Art. 438 of the Civil Code of the Russian Federation - the performance by the person who received the offer of actions to fulfill the terms of the contract specified in it is its acceptance, and accordingly, it is the proper conclusion of the contract by the parties in compliance with a simple written form.

According to paragraph 2 of Art. 432 of the Civil Code of the Russian Federation, a contract is concluded by sending an offer (offer to conclude an agreement) by one of the parties and its acceptance (acceptance of the offer) by the other party. The contract is recognized as concluded at the moment the person who sent the offer receives its acceptance (Clause 1 of Article 433 of the Civil Code of the Russian Federation).

So, according to Art. 161 of the Civil Code of the Russian Federation must be concluded in simple written form, transactions between legal entities and citizens.

At the same time, in para. 2 p. 1 art. 160 of the Civil Code of the Russian Federation states that bilateral agreements can be concluded in the ways established by paragraphs 2 and 3 of Art. 434 Civil Code of the Russian Federation.

Thus, she was initially placed in such conditions that it was not she who accepted the bank’s offer, but, on the contrary, the bank accepted the client’s offer to conclude an agreement.

Indicates that it was not properly brought to her attention that by signing the application, she automatically agrees and accedes to certain conditions for its provision, since no one informed her about this at the time of concluding the contract.

Believes that her rights were largely infringed for the following reasons: provision of incomplete information before concluding the contract; unreasonable control and interference on the part of bank representatives, as well as provision of incorrect information about the alleged debt on the loan.

Indicates that she wishes to receive full information regarding her obligations under the contract.

On September 11, 2014, a claim was sent to Home Credit and Finance Bank LLC for copies of documents on the borrower’s credit file, namely the agreement, annex to the agreement and an extended statement of the personal account for the entire period due to the borrower’s lack of them. No response was received to this complaint.

At the moment, she only has a statement, which contains the contract number. However, the contract itself was not issued to her initially.

According to paragraph 1 of Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the manufacturer (executor, seller) is obliged to promptly provide the consumer with the necessary and reliable information about goods (works, services), ensuring the possibility of their correct choice. For certain types of goods (works, services), the list and methods of communicating information to the consumer are established by the Government of the Russian Federation.

As follows from under. 3 p. 2 art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”, information about goods (work, services) must necessarily contain the price in rubles and the conditions for purchasing goods (work, services), including when providing a loan, the loan amount, full amount, payable by the consumer, and the repayment schedule for this amount (as amended. Federal Law dated December 21, 2004 N 171-FZ, Federal Law of the Russian Federation dated October 25, 2007 N 234-FZ).

Within the meaning of paragraph 2 of Art. 10 of the Law of the Russian Federation dated 02/07/1992 N “On the Protection of Consumer Rights”, believes that the specified information should be provided to it free of charge (clause 14 of the Information Letter of the Supreme Arbitration Court of the Russian Federation N 146 dated 09/13/2011 - a condition of the loan agreement on the collection by the bank fees for issuing certificates about the debt status of a citizen borrower on a loan are contrary to the law and violate consumer rights).

The Rospotrebnadzor body brought the bank to administrative responsibility for committing an offense under Part 2 of Article 14.8 of the Code of Administrative Offenses of the Russian Federation, which was expressed in the inclusion in the loan agreement of a condition that the bank issues certificates about the borrower’s debt status is paid, the cost of this service is determined by the bank’s tariffs. The bank challenged the decision of Rospotrebnadzor in court.

The court of first instance satisfied the bank's demands, noting that by issuing a certificate to the borrower about the status of the debt under the loan agreement, the bank provides him with a service that is subject to payment. The parties agreed on the procedure for determining the cost of this service in the contract, indicating that it is determined by the bank’s tariffs.

The appellate court overturned the decision of the first instance court and refused to satisfy the claim, citing the fact that the reward for committing banking operations under a loan agreement concluded with a citizen borrower cannot be changed unilaterally, which may occur as a result of a bank changing tariffs (Part 4 of Article 29 of the Banking Law).

The cassation court also found that the bank’s application was not subject to satisfaction, but at the same time changed the reasoning part of the appellate court’s decision, indicating that, within the meaning of paragraph four of paragraph 2 of Article 10 of the Law “On Protection of Consumer Rights,” the consumer always has the right to know about the amount of your debt to the bank, the amount of interest paid, upcoming payments with a separate indication of the amount of interest payable and the remaining loan amount. Implementation this right consumer cannot be conditioned on him paying any remuneration for providing this type of information. In this regard, the provision of the loan agreement that provision of the necessary information to the consumer is paid, contradicts Article 10 of the Law “On the Protection of Consumer Rights”. Consequently, the bank was rightfully held accountable for committing an administrative offense.

In accordance with paragraph 1 of Art. 10 of the Civil Code of the Russian Federation are not allowed to implement civil rights solely with the intent to cause harm to another person, actions in circumvention of the law for an unlawful purpose, as well as other deliberately dishonest exercise of civil rights (abuse of law).

Insufficient information about the loan and the procedure for its repayment and debiting funds from the borrower’s personal account is a violation of clause 1 of Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”. According to paragraph 4 of Article 12 of this Law, the lender must proceed from the assumption that the borrower lacks special knowledge.

She asked to oblige Home Credit and Finance Bank LLC to provide copies of documents under the agreement for the issue of a credit card of the borrower L., located at Home Credit and Finance Bank LLC, namely: a copy of the annex to agreement N. dated 10.10.2013 on issue of credit card N.; extended statement of personal account (.) from the moment of conclusion of agreement N. dated 10.10.2013 for the issue of credit card N. until the day of filing the statement of claim in court.

To satisfy L.'s claims against Home Credit and Finance Bank LLC for the collection of documents, refuse in full.

In the appeal, L. asks the court’s decision to be quashed and a new judicial act to be adopted in the case.

Indicates that she is a consumer of banking services and a client of the bank, and by virtue of the direct instructions of the law, she should be provided with information about the state of her personal account, since, when contacting the bank with a claim, she insisted on receiving such information, and its failure to provide it should be regarded as a violation of her consumer rights directly provided for by Russian legislation.

The lack of information provided by the lender about the loan, the procedure for its repayment, and the order in which funds are written off from the borrower's personal account is a gross violation of the current legislation of the Russian Federation on the part of the defendant.

No written objections were received regarding the arguments of the appeal.

Persons participating in the case, duly notified of the place and time of consideration of the case, did not appear at the court hearing of the appellate court (L. - 08/13/2015, Home Credit and Finance Bank LLC - 08/17/2015), petitions for postponement the case was not considered, they did not provide evidence of valid reasons for failure to appear at the court hearing, and therefore, on the basis of Art. 167 Code of Civil Procedure of the Russian Federation, Part 1, Art. 327 of the Code of Civil Procedure of the Russian Federation, the judicial panel finds it possible to consider the case in their absence.

Having studied the case materials, discussed the arguments of the appeal, and checked the legality and validity of the court's decision within the limits of the arguments set out in the appeal (Part 1 of Article 327.1 of the Code of Civil Procedure of the Russian Federation), the judicial panel comes to the following conclusion.

In accordance with the provisions of paragraph 1 of Art. 8 of the Law of the Russian Federation of 02/07/1992 N “On the Protection of Consumer Rights”, the consumer is guaranteed to be provided with the necessary and reliable information about the manufacturer (performer, seller), its mode of operation and the goods (work, services) sold by it.

According to paragraph 2 of Art. 8 of the said law, the information specified in paragraph 1 of this article is brought to the attention of consumers in a clear and accessible form when concluding purchase and sale agreements and contracts for the performance of work (provision of services) in ways accepted in certain areas of consumer service, in Russian, and additionally , at the discretion of the manufacturer (performer, seller), in the state languages ​​of the constituent entities of the Russian Federation and the native languages ​​of the peoples of the Russian Federation.

By virtue of paragraph 1 of Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the manufacturer (executor, seller) is obliged to promptly provide the consumer with the necessary and reliable information about goods (works, services), ensuring the possibility of their correct choice.

Paragraph 2 of this article stipulates that information about goods (work, services) must necessarily contain the price in rubles and the conditions for the purchase of goods (work, services), including when providing a loan, the size of the loan, the full amount payable by the consumer, and repayment schedule for this amount.

In accordance with Art. 30 of the Federal Law of December 2, 1990 N “On banks and banking» relations between the Bank of Russia, credit institutions and their clients are carried out on the basis of agreements, unless otherwise provided by federal law. The agreement must indicate interest rates on loans and deposits, the cost of banking services and the timing of their implementation, including the processing time of payment documents, the property liability of the parties for violations of the agreement, including liability for violation of obligations regarding the timing of payments, as well as procedure for its termination and others essential conditions agreement.

According to the provisions of Part 1 of Art. 56 of the Civil Procedure Code of the Russian Federation, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.

As follows from the case materials and established by the court of first instance, on October 10, 2013, an agreement was concluded between L. and Home Credit and Finance Bank LLC on the use of card N. Under the terms of this agreement, the bank provided the plaintiff with bank card Svyaznoy 48.9 with a credit limit. rubles at 48.90% per annum, and the plaintiff undertook to return the loan received and pay interest for its use in the amount, on time and on the conditions specified in the agreement.

From the text of the agreement on the use of N.’s card dated October 10, 2013, it follows that L. received all the necessary and reliable information about the services contained in the Application, Tariffs for the banking product, including Information on loan expenses, as well as in the Terms Agreement, Agreement on the procedure for opening bank accounts using the Internet Bank system, Memo on the conditions for using the Card and Memo to the Insured Person under the Voluntary Collective Insurance Program. All documents (except for the Application) are publicly available and are posted in the places of registration banking products and on the Bank's website on the Internet.

In resolving this case, the court of first instance proceeded from the lack of admissible and relevant evidence confirming the violation of the rights of the bank client in connection with improper execution obligations on the part of the credit institution.

These conclusions of the court are correct, based on the established circumstances of the case, and comply with the substantive law.

Justifying the claims, the plaintiff referred to the fact that on September 11, 2014 he sent a claim to the creditor with a request to recalculate the amount of the principal debt and accrued interest without taking into account commissions and insurance premiums, and also to provide copies of documents: a copy of the loan agreement with an appendix to the agreement , a copy of the payment schedule and an extended statement of the personal account from the moment of conclusion of the agreement and upon receipt of the claim, to which no response was received.

Resolving the dispute and rejecting the plaintiff’s arguments about the bank’s failure to provide the necessary information about the lending service, the mandatory timely provision of which is provided for in Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the court of first instance correctly proceeded from the fact that all necessary and reliable information provided to the plaintiff financial service(providing a loan) was provided by the bank to the borrower before concluding the loan agreement. The foregoing indicates the proper fulfillment by the bank of the obligation to provide information about the service provided to the borrower, provided for in Art. 30 of the Federal Law “On Banks and Banking Activities”.

Admissible evidence indicating a violation by the bank of L.’s rights, as well as evidence indicating the bank’s failure to provide when concluding an agreement for credit service The plaintiff did not provide complete and reliable information (part of it) about the terms of the loan.

The presence of the plaintiff’s signature in the text of the application for opening and maintaining a current account, which is an integral part of the agreement, confirms that she was familiar with the terms of the agreement and tariffs.

Also, the plaintiff did not provide evidence that she applied to the bank to provide her with the specified information, but she was denied this by the defendant.

The court panel rejects the appeal's arguments about the illegality of the court's decision due to the bank's statutory obligation to provide the plaintiff, as a consumer of banking services, with information about the status of her personal account.

According to paragraph 2 of Art. 857 of the Civil Code of the Russian Federation, information constituting bank secrecy can only be provided to the clients themselves or their representatives, and also submitted to the credit history bureau on the grounds and in the manner prescribed by law. Such information may be provided to government bodies and their officials only in cases and in the manner prescribed by law.

By virtue of paragraph 1 of the above article, as well as in accordance with Art. 26 of the Federal Law “On Banks and Banking Activities” the bank guarantees the secrecy of a bank account and bank deposit, account transactions and client information.

The current legislation of the Russian Federation establishes the responsibility of credit institutions for the disclosure of banking secrets.

To respect and protect the rights of clients, guarantee the secrecy of a bank account, deposit, account transactions and client information by banks, including in accordance with the Regulations of the Central Bank of Russia dated August 19, 2004 N 262-P “On identification of clients and beneficiaries in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism,” the credit institution is obliged to identify the person under its service.

From the above it follows that the claim addressed to the bank did not allow the credit institution to identify the client.

In order to avoid unauthorized transfer of information to third parties, the bank also cannot send financial documents using unsecured communication channels.

The plaintiff provides adequate evidence that the borrower appeared at the location legal entity, and he was refused to receive documents; they were not presented to the court.

The plaintiff is not deprived of the opportunity to personally contact a branch or other structural unit of Home Credit and Finance Bank LLC in Belovo with a written application to provide the information she needs.

In addition, the registers of the Federal State Unitary Enterprise “Russian Post” presented by the plaintiff as evidence of delivery of the claim to the defendant do not meet the criteria of relevance and reliability of evidence in the case, since these documents are presented in photocopies that are not properly certified, which does not meet the requirements of Part 2 of Art. 71 of the Code of Civil Procedure of the Russian Federation, presented to written evidence.

From the presented photocopy of the postal register sheet, it is not clear under which loan agreements the claim was sent to Home Credit and Finance Bank LLC on behalf of L. (5 claims were indicated). Moreover, according to the stamp on the register, the claim was sent from Kazan, while the plaintiff lives in Belovo.

By virtue of the provisions of clause 31 of the Rules for the provision of postal services, approved by Order of the Ministry of Telecom and Mass Communications of Russia dated July 31, 2014 N 234 “On approval of the Rules for the provision of postal services” 221, when accepting a registered postal item or postal order, the sender is issued a receipt, which is not presented to the court.

Under the stated circumstances, the judicial panel agrees with the conclusion of the trial court that there are no legal grounds to satisfy the claim.

The argument of the appeal that the court of first instance incorrectly determined the circumstances relevant to this case is untenable and cannot serve as a basis for reversing the court decision, since the judicial panel believes that the circumstances significant in the case in accordance with Part 1 of Art. 196 of the Code of Civil Procedure of the Russian Federation were established correctly by the court.

The arguments of the appeal boil down to disagreement with the conclusions of the court and do not contain facts that would affect the validity and legality court decision, or would refute the conclusions of the court of first instance, and therefore are recognized by the judicial panel as insolvent.

The appeal does not contain any references to any new facts that were ignored by the court, and therefore the court decision, verified based on the arguments of the complaint, is legal and justified and cannot be cancelled.

Based on the above, guided by art. 328 of the Civil Procedure Code of the Russian Federation, judicial panel

TOPIC AUTHOR Irinka42 21 Sep:15

presiding judge Krotova L.M.,

judges of the board Nazimova P.S., Gimadeeva O.L.,

with secretary A.,

Having considered in open court a civil case on the claim of V. against PJSC CB "East Express Bank" for the requisition of documents under the loan agreement, on the appeal of the plaintiff V. against the decision of the Kyakhtinsky District Court of the Republic of Belarus dated May 20, 2015, which decided:

Refusal to satisfy V.’s claims against PJSC CB “East Express Bank” for documents.

Having heard the report of judge L.M. Krotova, having checked the case materials, having discussed the arguments of the appeal, the judicial panel

In support of the claim, she stated that: year, a loan agreement No. was concluded between it and PJSC CB "East Express Bank". under the terms of which PJSC CB "East Express Bank" opened a current account N. in rubles, undertook to carry out its maintenance and provided the plaintiff with a loan in the amount of rubles, at 30% per annum. At the same time, the plaintiff undertook to return the loan received to the lender and pay interest for using the loan in the amount, on time and under the conditions specified in the loan agreement. On July 15, 2014, she sent a claim to PJSC CB Vostochny Express Bank "Bank" for copies of documents on the loan case, but to date no response to the claim has been received. Believes that the defendant violated paragraphs 1, 2 of Art. 10 Federal Law of the Russian Federation “On the Protection of Consumer Rights”.

Plaintiff V. and her representatives did not appear at the court hearing; they were duly notified; the case file contains a petition to consider the case without the participation of the plaintiff.

The court, taking into account the plaintiff’s right under paragraph 5 of Art. 167 of the Code of Civil Procedure of the Russian Federation, considers it possible to consider the case without the participation of the plaintiff.

The representative of the defendant PJSC CB "East Express Bank" B., acting on the basis of a power of attorney, did not appear at the court hearing, response to statement of claim didn't introduce it.

The district court rendered the above decision.

In the appeal, the plaintiff V. asks to cancel the court decision, referring to the arguments given to her in the court of first instance when considering the case.

The plaintiff V., the representative of the defendant PJSC CB "East Express Bank", being duly notified, did not appear in the court of appeal.

Subject to the provisions of Art. 167 of the Civil Procedure Code of the Russian Federation, the judicial panel decided to consider the case in the absence of persons who did not appear.

Having discussed the arguments of the appeal, checking the case materials and the decision within the limits of the arguments of the appeal, the judicial panel does not find any grounds for canceling the court decision.

Refusing to satisfy V.'s claims, the court of first instance reasonably concluded that the plaintiff did not prove that the defendant violated his legal rights.

Since the plaintiff in the existing legal relations acts as a consumer banking services, and the defendant is the subject banking system(Bank), then the provisions of the Law of the Russian Federation of 02/07/1992 “On the Protection of Consumer Rights” (hereinafter referred to as the Law on the Protection of Consumer Rights) are applicable to the relations of the parties arising from the loan agreement.

By virtue of paragraph 1 of Art. 8 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consumer has the right to demand the provision of necessary and reliable information about the manufacturer (performer, seller), his mode of operation and the goods (work, services) he sells.

According to paragraph 2 of Art. 8 of the said Law, the information specified in paragraph 1 of this article in a clear and accessible form is brought to the attention of consumers when concluding purchase and sale agreements and contracts for the performance of work (provision of services) in ways accepted in certain areas of consumer service, in Russian, and additionally, at the discretion of the manufacturer (performer, seller), in the state languages ​​of the constituent entities of the Russian Federation and the native languages ​​of the peoples of the Russian Federation.

In accordance with Art. 10 of the Law on the Protection of Consumer Rights, the manufacturer (performer, seller) is obliged to promptly provide the consumer with the necessary and reliable information about goods (works, services), ensuring the possibility of their correct choice. For certain types of goods (works, services), the list and methods of communicating information to the consumer are established by the Government of the Russian Federation.

Information about goods (work, services) must necessarily contain the price in rubles and the conditions for the purchase of goods (work, services), including when providing a loan, the loan amount, the full amount to be paid by the consumer, and the repayment schedule for this amount.

Thus, the Law on the Protection of Consumer Rights establishes the obligation of the bank to provide complete information before concluding an agreement in order to ensure that the consumer can make the right choice of service.

Referring to Art. 10 of the Law “On the Protection of Consumer Rights”, the plaintiff does not require information to ensure the possibility of correctly choosing a service, but documents on the fulfillment of obligations assumed under the loan agreement, which is not related to the choice of service. Therefore, this rule does not regulate the relations of the parties regarding the request of documents.

The plaintiff did not provide evidence of the impossibility of obtaining the documents he named out of court, and did not provide evidence of a violation of his rights.

By virtue of Art. 857 of the Civil Code of the Russian Federation, the bank guarantees the secrecy of a bank account and bank deposit, account transactions and information about the client. Information constituting bank secrecy can only be provided to the clients themselves or their representatives, and also submitted to the credit history bureau on the grounds and in the manner prescribed by law. Such information may be provided to government bodies and their officials only in cases and in the manner prescribed by law. If the bank discloses information constituting a bank secret, the client whose rights have been violated has the right to demand compensation from the bank for the losses caused.

It follows from the above rule that, when providing relevant information to the client, the bank must properly identify the person entitled to receive it.

Compliance with the procedure for verifying the client’s request for the issuance of relevant documents is a necessary condition provision and guarantee of bank secrecy.

The panel of judges believes that in the absence of identification of the client’s identity, the Bank does not have the right to provide information constituting bank secrecy.

Under the stated circumstances, the panel of judges agrees with the conclusion of the trial court that there are no legal grounds to satisfy the claim.

The arguments of the appeal do not refute the conclusions of the court, since V.’s right to receive information constituting bank secrecy was not violated by the defendant.

In addition, the plaintiff is not deprived of the opportunity to obtain information by contacting the regional branch of the bank at his place of residence or any other branch of the Bank, providing identification.

The appeal does not contain any other arguments according to which the court decision can be canceled or changed.

Thus, the court of first instance correctly established the circumstances relevant to the case, the court’s conclusions correspond to the established circumstances, the rules of substantive and procedural law were applied correctly by the court, the evidence was assessed in accordance with the rules established by Art. 67 of the Code of Civil Procedure of the Russian Federation, in connection with which the court’s decision on the arguments of the appeal cannot be canceled.

Guided by Art. Art. 328, 329 of the Civil Procedure Code of the Russian Federation, judicial panel for civil cases Supreme Court Republic of Buryatia

TOPIC AUTHOR Irinka42 21 Sep:54

TOPIC AUTHOR Irinka42 16 Dec:42

The solutions are all identical, I don’t see the point in posting them. Here, for example.

Hello! Regardless of whether you were given a second sample loan agreement upon its conclusion or not, you can obtain a copy of it. However, it is worth noting that there is no actual indication of the need to provide this document in the laws. To obtain it, you can use a reference to two legislative standards:

Decree of the Presidium of the USSR Armed Forces dated 08/04/1983 N 9779-X as amended in 2003. According to this document, organizations are required to issue copies of documents upon a written request from a citizen.

Reference to Federal Law No. 152-FZ. We are talking about Article 14 of this law, according to which each subject of personal data placed precisely in the loan agreement has the right to free access to receive it. That is, access to your personal data is provided precisely by issuing a copy of the loan agreement.

It is worth noting that in both cases it is necessary to submit a written application for the issuance of a copy of the loan agreement to a bank branch, with the second sample certified as having been accepted by the responsible employee, or by sending a registered letter with notification to the address of the head office of your credit institution.

Answered by: Victoria Loginova, legal consultant at OccupyOnline.ru.

Ask your question

I want to cancel the loan agreement; I have not yet received a bank card with credit money. What should my actions be?

Hello Galina! If a loan agreement has been signed between you and the bank, then you need to close the debt obligation. Regardless of whether you issued a credit card or a cash loan with its transfer to the card.

If it was a credit card, then in your case you need to contact your lender with an application to close the account with a credit limit. The form must be provided to you upon request. Further necessary actions and nuances of the procedure will be explained to you at the bank. It is better to contact the office in person with your passport, if possible.

If you are applying for a cash loan, you will also need to fill out an application. In this case, for full early repayment of the loan. Its form will also be provided by the bank. You will be informed of all necessary actions in the same way.

Accordingly, in any case, your first action is to contact the lender to draw up the necessary application. Further nuances will depend directly on your bank and the type of debt obligation being issued.

Free legal advice:

Is it possible to take a copy of the loan agreement from a bank, but in another city?

Hello Galina! Possibility of providing a copy of the loan agreement to locality, which differs from the city where the agreement is concluded, will depend on the specific bank. More precisely, from the arrangement of internal communications between departments, structural divisions, the presence of an office in the required city, the location of the documentation repository, as well as politics. Therefore, in your case, you need to clarify this nuance directly with your creditor bank. The call center number is always indicated on the official website of the commercial structure.

Copy of the loan agreement

Hello, my name is Yulia.

My mother took out a loan from Russian Standard Bank. The bank statement shows that illegal fees were charged. Mom wants to go to court, but the loan agreement has been lost. The bank says that it is in the archives, but has not provided it for 2 months. Tell me how to get a copy of the loan agreement from the bank?

Free legal advice:

For reference: my father won a lawsuit on the same issue with Alfa Bank; he was compensated for losses, including moral damage.

Answers from lawyers (8)

Yes, commissions are illegal and can be returned through the courts. As for a copy of the loan agreement, here, as an option, you can, if you have an extract stating that a commission was charged and other documents confirming the fact of contractual relations with the bank (payment schedule, for example), and without the loan agreement itself, go to court and already in court ask the court to request a loan agreement, which will be presented by the bank at the request of the court.

Have a question for a lawyer?

If you can file a claim without an agreement, that is, justify illegal commissions, then you can send an application to the court without an agreement, and in the process file a petition to demand a duplicate of the loan agreement from the defendant (bank).

Good afternoon, Yulia! To what has been said, we can also add that before going to court, you can send to the bank by registered mail with notification a request to issue you a copy of your agreement certified by the bank. Provide the receipt and a copy of this request to the court along with the statement of claim and notification of delivery to the bank. If the bank provides some kind of response to your request (most likely it will be a refusal to issue a copy of your agreement), then also submit this refusal to the court. This is not necessary to do (at the request of the court, the bank will be required to provide a copy of the agreement to the court), but based on the reasons for the bank’s refusal to issue you a copy of the agreement, you can try to further substantiate your position in court.

Free legal advice:

Good afternoon, Yulia!

Tell me how to get a copy of the loan agreement from the bank?

The bank’s obligation to provide, at the client’s request, copies of documents from the credit dossier is provided for by the following standards:

Civil Code of the Russian Federation (part two)" dated January 26, 1996 N 14-FZ (as amended on May 23, 2016)

Article 857. Bank secrecy

Free legal advice:

2. Information constituting bank secrecy can only be provided to the clients themselves or their representatives, and also submitted to the credit history bureau on the grounds and in the manner prescribed by law. Such information may be provided to government bodies and their officials only in cases and in the manner prescribed by law.

Federal Law of December 2, 1990 N 395-1

(as amended on 07/03/2016)

“About banks and banking activities”

Article 26. Bank secrecy

Free legal advice:

Certificates on accounts and deposits of individuals are issued by the credit institution itself, courts, enforcement authorities of judicial acts, acts of other bodies and officials, organizations performing functions of compulsory insurance deposits, upon the occurrence of insured events provided for by the federal law on insurance of deposits of individuals in banks of the Russian Federation, and with the consent of the head of the investigative body - to the preliminary investigation bodies in cases in their proceedings.

In other words, to receive a copy of the agreement, the mother needs to contact the bank with a written statement, in which you must state a request to the Bank to provide a duly certified copy of it. Based on the results of consideration of this appeal, the Bank is obliged to issue a copy of the agreement.

If this does not happen, then when you go to court, you will be able to file a petition to request the specified documents from the bank, due to the fact that you were unable to obtain them yourself (attach a copy of your mother’s application, previously submitted to the bank).

“Civil Procedure Code of the Russian Federation” dated November 14, 2002 N 138-FZ (as amended on March 2, 2016)

Article 57. Presentation and request of evidence

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1. Evidence is presented by the parties and other persons participating in the case. The court has the right to invite them to provide additional evidence. If it is difficult for these persons to provide the necessary evidence, the court, at their request, assists in collecting and requesting evidence.

Thus, in order to satisfy the court’s request for evidence, it may be necessary to prove the fact that the mother independently applied to the bank, and if there was no such application, then formally there is a risk that the court will refuse to demand it (although it is very common cases when the court at the stage of preparing the case on its own initiative, requests from the bank evidence relevant to the case).

Julia, good afternoon! according to Art. 57 Civil Procedure Code

Evidence is presented by the parties and other persons participating in the case. The court has the right to invite them to provide additional evidence. If it is difficult for these persons to provide the necessary evidence, the court, at their request, assists in collecting and requesting evidence.

2. A petition to request evidence must indicate the evidence, and also indicate what circumstances that are important for the correct consideration and resolution of the case can be confirmed or refuted by this evidence, indicate the reasons preventing the receipt of the evidence, and the location of the evidence. The court issues a request to the party to obtain evidence or requests evidence directly. The person who has the evidence requested by the court sends it to the court or hands it over to the person who has the corresponding request for presentation to the court.

Your lack of a copy of the contract is not an obstacle to filing an application with the court. Nothing prevents you from filing a motion to claim the contract directly when filing a statement of claim. However, it is advisable to first request a copy from the bank in writing in order to confirm with a copy of this request the impossibility of obtaining this evidence without the help of a court

Free legal advice:

If time permits, you can go to court and, by a court decision, receive a copy of your agreement; the only document that needs to be attached to the claim is your application, which will have a bank mark or a copy of the postal item confirming receipt of the application by the bank.

I'll add about commissions. According to paragraphs 17, 19 of Art. 5 of the Federal Law of December 21, 2013 N 353-FZ “On consumer credit (loan)”

If individual conditions agreement consumer loan(loan) provides for the lender to open a bank account for the borrower; all operations on such an account related to the fulfillment of obligations under the consumer loan (loan) agreement, including opening an account, issuing to the borrower and crediting the consumer loan (loan) to the borrower’s account, must be carried out by the lender for free.

The lender is not allowed to charge remuneration for the performance of duties assigned to it by regulatory legal acts of the Russian Federation, as well as for services, providing which the lender acts solely in its own interests and as a result of which the provision does not create a separate property benefit for the borrower.

Hello. I don’t agree with my colleagues that if you go to court with a claim to recover a commission, and the court grants your request for a copy of the agreement, the bank will definitely send it. The bank may not do this, ignoring the court's requirement. You can impose a fine on the chairman of the board of the bank under Part 3 of Art. 57 of the Code of Civil Procedure of the Russian Federation, but it is not a fact that this will have an impact.

In this case, there are two ways.

The first, as advised by A.S. Kuznetsov, is to initially file an independent claim to recover the document.

Second. If you do not file a claim for recovery, but immediately file a claim by commission, and if the contract is not presented at the request of the court, then draw the court’s attention to Art. 68 of the Code of Civil Procedure of the Russian Federation, which courts rarely apply.

Article 68. Explanations of the parties and third parties

That is, that only your explanations are enough, because The bank holds the evidence. At the same time, it is still necessary to have at least some other written evidence that the loan was taken out and the commission was paid and that determines the amount of the commission, since the court will not make a decision in your favor based on your words alone.

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Ask our lawyers a question - it’s much faster than looking for a solution.

Lost loan agreement. What should I do?

What are the consequences of losing a loan agreement?

The conclusion of the loan agreement occurred recently, and you do not remember the repayment date and the exact amount. This can lead to the first delays and the fact that your credit history will be damaged.

Free legal advice:

How to find out the loan payment terms if the agreement is lost

There are several ways to do this:

• View bank details, loan agreement number and amount on the check.
• Banks have online services. After registering and logging into your personal account, you can find the necessary information. If you have a debit card, you can make payments from it.
• By calling the hotline (even while in another city). After several clarifying questions, the operator will tell you everything. The hotline number is not only on the banking website, but also on all advertising brochures.
• Upon request to the credit bureau.

Is it possible to get a duplicate of the loan agreement?

A loan agreement is the result of a bilateral agreement between you and the bank. Bank loan agreements are stored in archives, but there is always an electronic copy of it that can be printed.

What to do if you have lost your loan agreement

1. First of all, do not delay solving the problem of restoring the contract. If you remember which bank branch the document was signed in, go there immediately.
2. Describe the situation to the employee and ask them to reprint your copy. Most likely, you will have to pay some amount for this service. If you are denied a duplicate, call the hotline. By law, you must have either the original or copies of the required documentation.
3. The lender will set a date for you to come and pick up your bank loan agreement marked “Duplicate”.
4. In order not to wait these few days, but to make payment now, ask the employee to print out a receipt for you, or write out the account number for crediting funds to it. Be sure to check the manager’s signature on the loan agreement and the wet seal of the credit institution.

• According to the law, the borrower undertakes to keep not only the agreement, but also all paid receipts.
• Documentation storage period is at least 3 years
• Find out if the website of the institution that issued you the loan offers the “Autopayment” service, when funds to repay the loan are written off automatically.
• Handle such documents carefully and you will be able to avoid many worries and problems.

Read also

Reviews and comments

Tatyana 10/30:34

Financial and personal documents must be kept under seven seals. It is best to purchase a small home safe and store them there. And it is not expensive and very convenient (especially when you train yourself to put important papers in it). When you move, you definitely won’t forget it, and during renovations you won’t sew it into drywall.

Pilar999 07.11.:32

I don’t see anything wrong with this situation - the loan agreement is restored by the bank. And banks often notify you via SMS that the next payment is approaching. I signed up this service to be calm and not miss payment on the loan.

Free legal advice:

Download sample application for free

Banks often practice sending credit cards to citizens by mail. Moreover, many borrowers did not even apply for the opening of such a card, it was just that the bank, on its own initiative, decided to “make” the person happy. Not many are happy about this, but still there are those who happily begin to actively use the card received by mail. But to the surprise of the borrower, after a while it turns out that the interest on this card is very high, and you also have to pay some commissions, but how can you find out the conditions under which you use the card if you don’t even have a contract? In this case, you should request a copy of the agreement from the bank credit card, based on Article 820 of the Civil Code of the Russian Federation. Form of the loan agreement: “The loan agreement must be concluded in writing. Failure to comply with the written form entails the invalidity of the loan agreement. Such an agreement is considered void." Use this sample application from the website zakon-ex.ru and read the article on how to correctly submit an application to the bank.

Application for a copy of a credit card agreement sample

about providing a copy of the credit card agreement

“______” __________20 _____year, the Black Moneylender bank provided me with a credit card No. xxx xxx xxx xxx. I received the card by mail. I did not receive a credit agreement on the card, and I did not receive any additional documents about the terms of the loan.

Based on Article 820 of the Civil Code of the Russian Federation: “the loan agreement must be concluded in writing,” I ask you to hand over to me a certified copy of the agreement concluded between me and the Cherny Usurshchik bank within 7 days.

Free legal advice:

How to urgently obtain a copy of the loan agreement from the bank?

Will they rewrite it manually, or what?

indoors limited

to get it

and make a copy.

Go to the manager

Free legal advice:

They'll probably suit you

towards, if it is

stored differently

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Fort Just

How to correctly request copies of d.

Irinka42 13 Jul:16

Often there is a need to obtain from the bank tariffs and conditions for the loan, which sometimes are not given to the borrower, copies of the loan agreement, account statements, borrower questionnaire, etc.

The general rules, based on the analysis of judicial practice, are as follows:

1. If you contact a bank branch in person, write a statement clearly indicating what you need to provide. You can refer to Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights” or the Federal Law “On Personal Data”. Specify the deadline for submitting documents;

Free legal advice:

2. If there is no bank branch in your city (or there are no branches at all, like TKS or Svyaznoy), I strongly recommend that you notarize the signature in the application for documents request, and indicate in the application that you agree that the documents will be sent to you by registered mail. The valuable letter should be sent with a description of the attachment - a notarized statement of provision.

Some examples from judicial practice:

By virtue of paragraph 2 of Art. 857 of the Civil Code of the Russian Federation, the bank guarantees the secrecy of a bank account and bank deposit, account transactions and information about the client. Information constituting bank secrecy can only be provided to the clients themselves or their representatives, as well as provided to the credit history bureau on the grounds and in the manner prescribed by law.

Refusing to satisfy the stated claims for obtaining documents from the defendant ZAO BANK, the court correctly found that violations of the provisions of Articles 10, 12, 17 of the Law of the Russian Federation “On the Protection of Consumer Rights”, Art. 857 of the Civil Code of the Russian Federation was not committed by the defendant; the Bank’s guilt in not satisfying the consumer’s demands was not established.

Free legal advice:

By virtue of Article 56 of the Civil Procedure Code of the Russian Federation, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.

The panel of judges agrees with the conclusions of the court of first instance that there are no grounds for satisfying the claim to impose on the bank the obligation to provide the plaintiff with copies of the card agreement and annex to the agreement, since admissible evidence confirming the fact that the plaintiff sent the above claim to the bank, as well as its receipt by the bank, are not included in the case materials.

In refusing to satisfy the claim, the court of first instance was guided by the provisions of Art. 857 Civil Code of the Russian Federation, Art. Art. 12, 56 of the Civil Procedure Code of the Russian Federation, clause 32 of the Rules for the provision of postal services, approved by Decree of the Government of the Russian Federation of April 15, 2005 N 221, and proceeded from the fact that each party must prove the circumstances to which it refers as the basis for its demands and objections. The plaintiff did not provide sufficient admissible evidence confirming the fact of her appeal to the defendant regarding the issue of issuing the required documents and the refusal to satisfy her application. The uncertified copies of the register of postal items and receipts provided by the plaintiff in confirmation of this fact cannot be such evidence, since they only indicate payment for the additional service of affixing stamps by an unknown person, without confirming the fact of sending any documents to the bank. The fact of concluding a loan agreement with OJSC “East Express Bank” is also not confirmed, since only a copy of K.’s application for concluding a loan agreement is attached to the claim; there is no information about the bank’s acceptance of the application. In addition, the receipt and register contain an imprint of the post office stamp<адрес>, while K.’s place of residence is<адрес>, the fact of being in<адрес>at this point the plaintiff did not confirm. Thus, there are no sufficient grounds to believe that the rights and legitimate interests of K. were violated by the defendant in any way and require judicial protection. The information required by the plaintiff constitutes a bank secret protected by law, and can be provided upon her personal request to OJSC Oriental Express Bank.

In the case file, the plaintiff presented a copy of the claim dated seized, sent to the bank, with a request to recalculate the amount of the repaid principal debt and accrued interest, according to the actual calculation without taking into account commissions; recalculate the amount of the repaid principal debt, according to the actual calculation without taking into account insurance, provide copies of documents on the borrower’s credit file: agreement for the issue of a credit card Number withdrawn, appendices to the agreement, payment schedule and extended statement of personal account for the entire period due to their absence borrower; funds illegally withdrawn from the borrower's payments in the form of insurance premium commissions are credited to the borrower's personal account, etc. (Data seized).

Evidence that the bank received the specified claim was not presented in the case materials, as stated earlier.

The court rightfully did not accept as evidence the plaintiff’s appeal to the Bank with demands for the provision of attachments to the loan agreement, payment schedule and extended statement of personal account, the claim submitted by him dated July 7, 2014, containing, in addition to demands for the provision of the above documents, demands for recalculation of the amount of the principal debt and interest for using the loan without taking into account commissions and insurance premiums (case sheet 7), since there is no evidence of receipt of this claim by VTB Bank OJSC in the case materials.

Free legal advice:

TOPIC AUTHOR Irinka42 13 Jul:51

One of the solutions in favor of the consumer:

TOPIC AUTHOR Irinka42 13 Jul:34

Continuing the topic.

Concluding that the defendant violated the rights of the plaintiff as a consumer by the fact that the defendant, contrary to the requirements set out in the complaint dated January 14, 2014, did not provide the plaintiff with an extract containing information about the operations carried out by the defendant under the loan agreement, the court of first instance proceeded from that the plaintiff presented evidence confirming that the plaintiff sent a claim to the defendant on January 14, 2014. In this case, the court proceeded from the fact that the fact of filing the claim was confirmed by the plaintiff’s statement dated 01/06/2014, a postal receipt dated 01/14/2014 for the sale of postage stamps, as well as the register of postal correspondence.

Free legal advice:

In refusing to satisfy M.'s claims, the court of first instance correctly indicated that evidence indicating that the bank had committed actions that violated her rights as a consumer of banking services and resulted in adverse consequences for the plaintiff was not presented in the case materials.

In support of her appeal to the creditor with a request for copies of documents, S. submitted copies of the claim from DD.MM.YYYY (case file 12), part of the register of sending postal correspondence (case file 13), receipts for the purchase of stamps (case file .d. 14).

It also follows from the case that on 08/11/2014 S. applied to Orient Express Bank OJSC with a claim containing, in particular, demands for copies of: agreement N /__/ dated 11/27/2012 for the issuance of a credit card N /__/, annex to the agreement, an extended statement of personal account from the moment of conclusion of the agreement as of the day the claim was filed (case sheet 6).

TOPIC AUTHOR Irinka42 13 Jul:54

TOPIC AUTHOR Irinka42 13 Jul:28

Only credit cards and collection letters can be sent by mail.

TOPIC AUTHOR Irinka42 13 Jul:32

TOPIC AUTHOR Irinka42 23 Jul:12

The following may not be sent to the post restante address:

TOPIC AUTHOR Irinka42 23 Jul:37

And here's the approach:

TOPIC AUTHOR Irinka42 10 Aug:09

TOPIC AUTHOR Irinka42 10 Aug:48

TOPIC AUTHOR Irinka42 18 Aug:56

Even more interesting. How, for example, can you take it from TKS or Svyaznoy if they don’t have branches in principle?

TOPIC AUTHOR Irinka42 18 Aug:44

TOPIC AUTHOR Irinka42 22 Aug:05

One of the few solutions in favor of the consumer:

TOPIC AUTHOR Irinka42 22 Aug: 25

TOPIC AUTHOR Irinka42 22 Aug: 42

SUPREME COURT OF THE REPUBLIC OF BURYATIA

judges of the panel Ikhiseeva M.V. and Bazarova V.N.,

under secretary P.,

having considered in open court a civil case based on K.’s claim against PJSC Rosbank for the requisition of documents

on the appeal of plaintiff K. against the decision of the Zheleznodorozhny District Court of Ulan-Ude dated May 12, 2015, which left the claims unsatisfied.

Having heard the report of Judge V.N. Bazarov, having familiarized himself with the case materials, and having discussed the arguments of the appeal, the panel

The stated requirements are motivated by the fact that the specified loan agreement was concluded between the plaintiff and the defendant, under the terms of which the defendant opened a current account and provided her with a loan in the amount of<. >rub., which the plaintiff undertook to return, to pay interest for using the loan in the amount, on time and on the conditions specified in the loan agreement. The claim sent to the Bank for the request of these documents was left unanswered, which is a violation of Art. 10 of the Law “On the Protection of Consumer Rights” on the consumer receiving free reliable and necessary information about a service (product).

The plaintiff and the defendant's representative were absent from the court hearing, having been duly notified of the time and place of the trial.

The court made the above decision.

In the appeal, plaintiff K. expresses disagreement with the court’s decision, citing its illegality and groundlessness, since the court did not fully examine the evidence in the case, the court’s conclusions do not correspond to the circumstances of the case, and the rules of substantive and procedural law were incorrectly applied. Refusal to provide documents is not provided for by law. He asks to cancel the court decision and make a new one.

The plaintiff and the defendant's representative, duly notified, did not appear at the hearing of the appellate court.

Based on Art. 167 of the Code of Civil Procedure of the Russian Federation, the case was considered in their absence.

Having checked the case materials and studied the appeal, the panel finds no grounds for overturning the court's decision.

Leaving K.'s demands unsatisfied, the court of first instance reasonably concluded that the plaintiff did not prove that the defendant violated her legal rights.

By virtue of Art. 857 of the Civil Code of the Russian Federation, the bank guarantees the secrecy of a bank account and bank deposit, account transactions and information about the client. Information constituting bank secrecy can only be provided to the clients themselves or their representatives, and also submitted to the credit history bureau on the grounds and in the manner prescribed by law. Such information may be provided to government bodies and their officials only in cases and in the manner prescribed by law. If the bank discloses information constituting a bank secret, the client whose rights have been violated has the right to demand compensation from the bank for the losses caused.

The arguments of the appeal do not refute the conclusions of the court, since K.’s right to receive information constituting bank secrecy was not violated by the defendant.

Thus, the court of first instance correctly established the circumstances relevant to the case, the court’s conclusions correspond to the established circumstances, the rules of substantive and procedural law were applied correctly by the court, the evidence was assessed in accordance with the rules established by Art. 67 of the Code of Civil Procedure of the Russian Federation, in connection with which the court’s decision on the arguments of the appeal cannot be canceled.

Based on the aforesaid and guided by Article. 328, 329 Code of Civil Procedure of the Russian Federation, judicial panel

TOPIC AUTHOR Irinka42 13 Sep:47

TOPIC AUTHOR Irinka42 20 Sep:15

Speaker: Potlova O.M.

presiding Potlova O.M.

judges Grebenshchikova O.A. and Gordienko A.L.

with secretary B.,

having heard in open court the report of judge Potlova O.M. civil case on appeal by L.

on the decision of the Belovsky City Court of the Kemerovo Region dated May 25, 2015 on the claim of L. against Home Credit and Finance Bank LLC for the collection of documents,

The requirements were motivated by the fact that on October 10, 2013, an agreement was concluded between her and Home Credit and Finance Bank LLC for N. to issue N.’s credit card by signing an application for a personal loan.

Under the terms of this agreement, Home Credit and Finance Bank LLC opened a current account (.) in rubles, undertook to maintain it and provide her with a credit card with a limit. rubles

She undertook to return the loan received to the lender and pay interest for its use in the amount, on time and under the conditions specified in the loan agreement.

Clause 2 of Art. 434 of the Civil Code of the Russian Federation on the form of the agreement directly indicates the possibility of concluding an agreement in writing through the exchange of documents, and clause 3 of Art. 434 of the Civil Code of the Russian Federation indicates that the written form of the agreement is considered to be complied with if a written proposal to conclude an agreement (client’s application) is accepted in the manner prescribed by clause 3 of Art. 438 of the Civil Code of the Russian Federation - the performance by the person who received the offer of actions to fulfill the terms of the contract specified in it is its acceptance, and accordingly, it is the proper conclusion of the contract by the parties in compliance with a simple written form.

According to paragraph 2 of Art. 432 of the Civil Code of the Russian Federation, a contract is concluded by sending an offer (offer to conclude an agreement) by one of the parties and its acceptance (acceptance of the offer) by the other party. The contract is recognized as concluded at the moment the person who sent the offer receives its acceptance (Clause 1 of Article 433 of the Civil Code of the Russian Federation).

So, according to Art. 161 of the Civil Code of the Russian Federation must be concluded in simple written form, transactions between legal entities and citizens.

At the same time, in para. 2 p. 1 art. 160 of the Civil Code of the Russian Federation states that bilateral agreements can be concluded in the ways established by paragraphs 2 and 3 of Art. 434 Civil Code of the Russian Federation.

Thus, she was initially placed in such conditions that it was not she who accepted the bank’s offer, but, on the contrary, the bank accepted the client’s offer to conclude an agreement.

Indicates that it was not properly brought to her attention that by signing the application, she automatically agrees and accedes to certain conditions for its provision, since no one informed her about this at the time of concluding the contract.

Believes that her rights were largely infringed for the following reasons: provision of incomplete information before concluding the contract; unreasonable control and interference on the part of bank representatives, as well as provision of incorrect information about the alleged debt on the loan.

Indicates that she wishes to receive full information regarding her obligations under the contract.

On September 11, 2014, a claim was sent to Home Credit and Finance Bank LLC for copies of documents on the borrower’s credit file, namely the agreement, annex to the agreement and an extended statement of the personal account for the entire period due to the borrower’s lack of them. No response was received to this complaint.

At the moment, she only has a statement, which contains the contract number. However, the contract itself was not issued to her initially.

According to paragraph 1 of Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the manufacturer (executor, seller) is obliged to promptly provide the consumer with the necessary and reliable information about goods (works, services), ensuring the possibility of their correct choice. For certain types of goods (works, services), the list and methods of communicating information to the consumer are established by the Government of the Russian Federation.

As follows from under. 3 p. 2 art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”, information about goods (work, services) must necessarily contain the price in rubles and the conditions for the purchase of goods (work, services), including when providing a loan, the size of the loan, the full amount payable by the consumer , and the repayment schedule for this amount (as amended by the Federal Law of December 21, 2004 N 171-FZ, the Federal Law of the Russian Federation of October 25, 2007 N 234-FZ).

Within the meaning of paragraph 2 of Art. 10 of the Law of the Russian Federation dated 02/07/1992 N “On the Protection of Consumer Rights”, believes that the specified information should be provided to it free of charge (clause 14 of the Information Letter of the Supreme Arbitration Court of the Russian Federation N 146 dated 09/13/2011 - a condition of the loan agreement on the collection by the bank fees for issuing certificates about the debt status of a citizen borrower on a loan are contrary to the law and violate consumer rights).

The Rospotrebnadzor body brought the bank to administrative responsibility for committing an offense under Part 2 of Article 14.8 of the Code of Administrative Offenses of the Russian Federation, which was expressed in the inclusion in the loan agreement of a condition that the bank issues certificates about the borrower’s debt status is paid, the cost of this service is determined by the bank’s tariffs. The bank challenged the decision of Rospotrebnadzor in court.

The court of first instance satisfied the bank's demands, noting that by issuing a certificate to the borrower about the status of the debt under the loan agreement, the bank provides him with a service that is subject to payment. The parties agreed on the procedure for determining the cost of this service in the contract, indicating that it is determined by the bank’s tariffs.

The appellate court overturned the decision of the first instance court and refused to satisfy the claim, citing the fact that the remuneration for banking transactions under a loan agreement concluded with a citizen borrower cannot be changed unilaterally, which may occur as a result of a change by the bank tariffs (Part 4 of Article 29 of the Banking Law).

The cassation court also found that the bank’s application was not subject to satisfaction, but at the same time changed the reasoning part of the appellate court’s decision, indicating that, within the meaning of paragraph four of paragraph 2 of Article 10 of the Law “On Protection of Consumer Rights,” the consumer always has the right to know about the amount of your debt to the bank, the amount of interest paid, upcoming payments with a separate indication of the amount of interest payable and the remaining loan amount. The exercise of this consumer right cannot be conditioned on the payment of any remuneration for the provision of this type of information. In this regard, the provision of the loan agreement that provision of the necessary information to the consumer is paid, contradicts Article 10 of the Law “On the Protection of Consumer Rights”. Consequently, the bank was rightfully held accountable for committing an administrative offense.

In accordance with paragraph 1 of Art. 10 of the Civil Code of the Russian Federation does not allow the exercise of civil rights solely with the intention of causing harm to another person, actions in circumvention of the law for an unlawful purpose, as well as other deliberately dishonest exercise of civil rights (abuse of law).

Insufficient information about the loan and the procedure for its repayment and debiting funds from the borrower’s personal account is a violation of clause 1 of Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”. According to paragraph 4 of Article 12 of this Law, the lender must proceed from the assumption that the borrower lacks special knowledge.

She asked to oblige Home Credit and Finance Bank LLC to provide copies of documents under the agreement for the issue of a credit card of the borrower L., located at Home Credit and Finance Bank LLC, namely: a copy of the annex to agreement N. dated 10.10.2013 on issue of credit card N.; extended statement of personal account (.) from the moment of conclusion of agreement N. dated 10.10.2013 for the issue of credit card N. until the day of filing the statement of claim in court.

To satisfy L.'s claims against Home Credit and Finance Bank LLC for the collection of documents, refuse in full.

In the appeal, L. asks the court’s decision to be quashed and a new judicial act to be adopted in the case.

Indicates that she is a consumer of banking services and a client of the bank, and by virtue of the direct instructions of the law, she should be provided with information about the state of her personal account, since, when contacting the bank with a claim, she insisted on receiving such information, and its failure to provide it should be regarded as a violation of her consumer rights directly provided for by Russian legislation.

The lack of information provided by the lender about the loan, the procedure for its repayment, and the order in which funds are written off from the borrower's personal account is a gross violation of the current legislation of the Russian Federation on the part of the defendant.

No written objections were received regarding the arguments of the appeal.

Persons participating in the case, duly notified of the place and time of consideration of the case, did not appear at the court hearing of the appellate court (L. - 08/13/2015, Home Credit and Finance Bank LLC - 08/17/2015), petitions for postponement the case was not considered, they did not provide evidence of valid reasons for failure to appear at the court hearing, and therefore, on the basis of Art. 167 Code of Civil Procedure of the Russian Federation, Part 1, Art. 327 of the Code of Civil Procedure of the Russian Federation, the judicial panel finds it possible to consider the case in their absence.

Having studied the case materials, discussed the arguments of the appeal, and checked the legality and validity of the court's decision within the limits of the arguments set out in the appeal (Part 1 of Article 327.1 of the Code of Civil Procedure of the Russian Federation), the judicial panel comes to the following conclusion.

In accordance with the provisions of paragraph 1 of Art. 8 of the Law of the Russian Federation of 02/07/1992 N “On the Protection of Consumer Rights”, the consumer is guaranteed to be provided with the necessary and reliable information about the manufacturer (performer, seller), its mode of operation and the goods (work, services) sold by it.

According to paragraph 2 of Art. 8 of the said law, the information specified in paragraph 1 of this article is brought to the attention of consumers in a clear and accessible form when concluding purchase and sale agreements and contracts for the performance of work (provision of services) in ways accepted in certain areas of consumer service, in Russian, and additionally , at the discretion of the manufacturer (performer, seller), in the state languages ​​of the constituent entities of the Russian Federation and the native languages ​​of the peoples of the Russian Federation.

By virtue of paragraph 1 of Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the manufacturer (executor, seller) is obliged to promptly provide the consumer with the necessary and reliable information about goods (works, services), ensuring the possibility of their correct choice.

Paragraph 2 of this article stipulates that information about goods (work, services) must necessarily contain the price in rubles and the conditions for the purchase of goods (work, services), including when providing a loan, the size of the loan, the full amount payable by the consumer, and repayment schedule for this amount.

In accordance with Art. 30 of the Federal Law of December 2, 1990 N “On Banks and Banking Activities”, relations between the Bank of Russia, credit institutions and their clients are carried out on the basis of agreements, unless otherwise provided by federal law. The agreement must indicate interest rates on loans and deposits, the cost of banking services and the timing of their implementation, including the processing time of payment documents, the property liability of the parties for violations of the agreement, including liability for violation of obligations regarding the timing of payments, as well as the procedure for its termination and other essential terms of the contract.

According to the provisions of Part 1 of Art. 56 of the Civil Procedure Code of the Russian Federation, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.

As follows from the case materials and established by the court of first instance, on October 10, 2013, an agreement was concluded between L. and Home Credit and Finance Bank LLC on the use of card N. Under the terms of this agreement, the bank provided the plaintiff with a Svyaznoy 48.9 bank card with a limit lending. rubles at 48.90% per annum, and the plaintiff undertook to return the loan received and pay interest for its use in the amount, on time and on the conditions specified in the agreement.

From the text of the agreement on the use of N.’s card dated October 10, 2013, it follows that L. received all the necessary and reliable information about the services contained in the Application, Tariffs for the banking product, including Information on loan expenses, as well as in the Terms Agreement, Agreement on the procedure for opening bank accounts using the Internet Bank system, Memo on the conditions for using the Card and Memo to the Insured Person under the Voluntary Collective Insurance Program. All documents (except for the Application) are publicly available and are posted in places where banking products are issued and on the Bank’s website on the Internet.

In resolving this case, the court of first instance proceeded from the lack of admissible and relevant evidence confirming a violation of the rights of a bank client in connection with improper fulfillment of obligations by the credit institution.

These conclusions of the court are correct, based on the established circumstances of the case, and comply with the substantive law.

Justifying the claims, the plaintiff referred to the fact that on September 11, 2014 he sent a claim to the creditor with a request to recalculate the amount of the principal debt and accrued interest without taking into account commissions and insurance premiums, and also to provide copies of documents: a copy of the loan agreement with an appendix to the agreement , a copy of the payment schedule and an extended statement of the personal account from the moment of conclusion of the agreement and upon receipt of the claim, to which no response was received.

Resolving the dispute and rejecting the plaintiff’s arguments about the bank’s failure to provide the necessary information about the lending service, the mandatory timely provision of which is provided for in Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the court of first instance correctly assumed that all the necessary and reliable information on the financial service provided to the plaintiff (provision of a loan) was provided by the bank to the borrower before concluding the loan agreement. The foregoing indicates the proper fulfillment by the bank of the obligation to provide information about the service provided to the borrower, provided for in Art. 30 of the Federal Law “On Banks and Banking Activities”.

The plaintiff did not present any admissible evidence indicating that the bank violated L.’s rights, as well as evidence indicating that the bank failed to provide complete and reliable information (part of it) about the terms of the loan when concluding an agreement for credit servicing.

The presence of the plaintiff’s signature in the text of the application for opening and maintaining a current account, which is an integral part of the agreement, confirms that she was familiar with the terms of the agreement and tariffs.

Also, the plaintiff did not provide evidence that she applied to the bank to provide her with the specified information, but she was denied this by the defendant.

The court panel rejects the appeal's arguments about the illegality of the court's decision due to the bank's statutory obligation to provide the plaintiff, as a consumer of banking services, with information about the status of her personal account.

According to paragraph 2 of Art. 857 of the Civil Code of the Russian Federation, information constituting bank secrecy can only be provided to the clients themselves or their representatives, and also submitted to the credit history bureau on the grounds and in the manner prescribed by law. Such information may be provided to government bodies and their officials only in cases and in the manner prescribed by law.

By virtue of paragraph 1 of the above article, as well as in accordance with Art. 26 of the Federal Law “On Banks and Banking Activities” the bank guarantees the secrecy of a bank account and bank deposit, account transactions and client information.

The current legislation of the Russian Federation establishes the responsibility of credit institutions for the disclosure of banking secrets.

To respect and protect the rights of clients, guarantee the secrecy of a bank account, deposit, account transactions and client information by banks, including in accordance with the Regulations of the Central Bank of Russia dated August 19, 2004 N 262-P “On identification of clients and beneficiaries in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism,” the credit institution is obliged to identify the person under its service.

From the above it follows that the claim addressed to the bank did not allow the credit institution to identify the client.

In order to avoid unauthorized transfer of information to third parties, the bank also cannot send financial documents using unsecured communication channels.

The plaintiff did not provide adequate evidence to the court that the borrower appeared at the location of the legal entity and was refused to receive documents.

The plaintiff is not deprived of the opportunity to personally contact a branch or other structural unit of Home Credit and Finance Bank LLC in Belovo with a written application to provide the information she needs.

In addition, the registers of the Federal State Unitary Enterprise “Russian Post” presented by the plaintiff as evidence of delivery of the claim to the defendant do not meet the criteria of relevance and reliability of evidence in the case, since these documents are presented in photocopies that are not properly certified, which does not meet the requirements of Part 2 of Art. 71 of the Code of Civil Procedure of the Russian Federation, presented to written evidence.

From the presented photocopy of the postal register sheet, it is not clear under which loan agreements the claim was sent to Home Credit and Finance Bank LLC on behalf of L. (5 claims were indicated). Moreover, according to the stamp on the register, the claim was sent from Kazan, while the plaintiff lives in Belovo.

By virtue of the provisions of clause 31 of the Rules for the provision of postal services, approved by Order of the Ministry of Telecom and Mass Communications of Russia dated July 31, 2014 N 234 “On approval of the Rules for the provision of postal services” 221, when accepting a registered postal item or postal order, the sender is issued a receipt, which is not presented to the court.

Under the stated circumstances, the judicial panel agrees with the conclusion of the trial court that there are no legal grounds to satisfy the claim.

The argument of the appeal that the court of first instance incorrectly determined the circumstances relevant to this case is untenable and cannot serve as a basis for reversing the court decision, since the judicial panel believes that the circumstances significant in the case in accordance with Part 1 of Art. 196 of the Code of Civil Procedure of the Russian Federation were established correctly by the court.

The arguments of the appeal boil down to disagreement with the conclusions of the court and do not contain facts that would affect the validity and legality of the court decision, or would refute the conclusions of the trial court, and therefore are recognized by the judicial panel as untenable.

The appeal does not contain any references to any new facts that were ignored by the court, and therefore the court decision, verified based on the arguments of the complaint, is legal and justified and cannot be cancelled.

Based on the above, guided by art. 328 of the Civil Procedure Code of the Russian Federation, judicial panel

TOPIC AUTHOR Irinka42 21 Sep:15

presiding judge Krotova L.M.,

judges of the board Nazimova P.S., Gimadeeva O.L.,

with secretary A.,

Having considered in open court a civil case on the claim of V. against PJSC CB "East Express Bank" for the requisition of documents under the loan agreement, on the appeal of the plaintiff V. against the decision of the Kyakhtinsky District Court of the Republic of Belarus dated May 20, 2015, which decided:

Refusal to satisfy V.’s claims against PJSC CB “East Express Bank” for documents.

Having heard the report of judge L.M. Krotova, having checked the case materials, having discussed the arguments of the appeal, the judicial panel

In support of the claim, she stated that: year, a loan agreement No. was concluded between it and PJSC CB "East Express Bank". under the terms of which PJSC CB "East Express Bank" opened a current account N. in rubles, undertook to carry out its maintenance and provided the plaintiff with a loan in the amount of rubles, at 30% per annum. At the same time, the plaintiff undertook to return the loan received to the lender and pay interest for using the loan in the amount, on time and under the conditions specified in the loan agreement. On July 15, 2014, she sent a claim to PJSC CB Vostochny Express Bank "Bank" for copies of documents on the loan case, but to date no response to the claim has been received. Believes that the defendant violated paragraphs 1, 2 of Art. 10 Federal Law of the Russian Federation “On the Protection of Consumer Rights”.

Plaintiff V. and her representatives did not appear at the court hearing; they were duly notified; the case file contains a petition to consider the case without the participation of the plaintiff.

The court, taking into account the plaintiff’s right under paragraph 5 of Art. 167 of the Code of Civil Procedure of the Russian Federation, considers it possible to consider the case without the participation of the plaintiff.

At the court hearing, the representative of the defendant PJSC CB "East Express Bank" B., acting on the basis of a power of attorney, did not appear and did not provide a response to the statement of claim.

The district court rendered the above decision.

In the appeal, the plaintiff V. asks to cancel the court decision, referring to the arguments given to her in the court of first instance when considering the case.

The plaintiff V., the representative of the defendant PJSC CB "East Express Bank", being duly notified, did not appear in the court of appeal.

Subject to the provisions of Art. 167 of the Civil Procedure Code of the Russian Federation, the judicial panel decided to consider the case in the absence of persons who did not appear.

Having discussed the arguments of the appeal, checking the case materials and the decision within the limits of the arguments of the appeal, the judicial panel does not find any grounds for canceling the court decision.

Refusing to satisfy V.'s claims, the court of first instance reasonably concluded that the plaintiff did not prove that the defendant violated his legal rights.

Since the plaintiff in the existing legal relationship acts as a consumer of a banking service, and the defendant is a subject of the banking system (Bank), the provisions of the Law of the Russian Federation of 02/07/1992 “On the Protection of Consumer Rights” (hereinafter referred to as the Law) are applicable to the relations of the parties arising from the loan agreement on the protection of consumer rights).

By virtue of paragraph 1 of Art. 8 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consumer has the right to demand the provision of necessary and reliable information about the manufacturer (performer, seller), his mode of operation and the goods (work, services) he sells.

According to paragraph 2 of Art. 8 of the said Law, the information specified in paragraph 1 of this article in a clear and accessible form is brought to the attention of consumers when concluding purchase and sale agreements and contracts for the performance of work (provision of services) in ways accepted in certain areas of consumer service, in Russian, and additionally, at the discretion of the manufacturer (performer, seller), in the state languages ​​of the constituent entities of the Russian Federation and the native languages ​​of the peoples of the Russian Federation.

In accordance with Art. 10 of the Law on the Protection of Consumer Rights, the manufacturer (performer, seller) is obliged to promptly provide the consumer with the necessary and reliable information about goods (works, services), ensuring the possibility of their correct choice. For certain types of goods (works, services), the list and methods of communicating information to the consumer are established by the Government of the Russian Federation.

Information about goods (work, services) must necessarily contain the price in rubles and the conditions for the purchase of goods (work, services), including when providing a loan, the loan amount, the full amount to be paid by the consumer, and the repayment schedule for this amount.

Thus, the Law on the Protection of Consumer Rights establishes the obligation of the bank to provide complete information before concluding an agreement in order to ensure that the consumer can make the right choice of service.

Referring to Art. 10 of the Law “On the Protection of Consumer Rights”, the plaintiff does not require information to ensure the possibility of correctly choosing a service, but documents on the fulfillment of obligations assumed under the loan agreement, which is not related to the choice of service. Therefore, this rule does not regulate the relations of the parties regarding the request of documents.

The plaintiff did not provide evidence of the impossibility of obtaining the documents he named out of court, and did not provide evidence of a violation of his rights.

By virtue of Art. 857 of the Civil Code of the Russian Federation, the bank guarantees the secrecy of a bank account and bank deposit, account transactions and information about the client. Information constituting bank secrecy can only be provided to the clients themselves or their representatives, and also submitted to the credit history bureau on the grounds and in the manner prescribed by law. Such information may be provided to government bodies and their officials only in cases and in the manner prescribed by law. If the bank discloses information constituting a bank secret, the client whose rights have been violated has the right to demand compensation from the bank for the losses caused.

It follows from the above rule that, when providing relevant information to the client, the bank must properly identify the person entitled to receive it.

Compliance with the procedure for verifying a client’s request for the issuance of relevant documents is a necessary condition for ensuring and guaranteeing bank secrecy.

The panel of judges believes that in the absence of identification of the client’s identity, the Bank does not have the right to provide information constituting bank secrecy.

Under the stated circumstances, the panel of judges agrees with the conclusion of the trial court that there are no legal grounds to satisfy the claim.

The arguments of the appeal do not refute the conclusions of the court, since V.’s right to receive information constituting bank secrecy was not violated by the defendant.

In addition, the plaintiff is not deprived of the opportunity to obtain information by contacting the regional branch of the bank at his place of residence or any other branch of the Bank, providing identification.

The appeal does not contain any other arguments according to which the court decision can be canceled or changed.

Thus, the court of first instance correctly established the circumstances relevant to the case, the court’s conclusions correspond to the established circumstances, the rules of substantive and procedural law were applied correctly by the court, the evidence was assessed in accordance with the rules established by Art. 67 of the Code of Civil Procedure of the Russian Federation, in connection with which the court’s decision on the arguments of the appeal cannot be canceled.

Guided by Art. Art. 328, 329 of the Civil Procedure Code of the Russian Federation, Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Buryatia

TOPIC AUTHOR Irinka42 21 Sep:54

TOPIC AUTHOR Irinka42 16 Dec:42

The solutions are all identical, I don’t see the point in posting them. Here, for example.

Manuals, Instructions, Forms

New files

sample application to the bank for a copy of the loan agreement

Application for provision of an assignment agreement - form 2016, download in doc

In Society with limited liability KB "___________"
Address: __________________________

Applicant: ____________________________
Address: ___________________________

Between me, ________________________ __________ born. (Client) and the Limited Liability Company CB "___________" (Bank) on __________ concluded an Agreement on the provision of a consumer loan No. __________ (I attach a copy of the agreement).
I fulfilled my obligations under the loan agreement in good faith, on time, in full compliance with the norms of civil law, the terms of the agreement and the payment schedule.

D. I received a notification from LLC KB "______________" No. _____ about the assignment of rights of claim. In accordance with the specified notification, on the basis of clause 3 of Art. 382 of the Civil Code of the Russian Federation, between the Bank and LLC CB "__________" an agreement on the assignment of rights of claim (assignment) No. ________ dated _________ was concluded, according to which "______________" ceded, and "___________" accepted the right to claim payment of the amount of debt under consumer loan agreement No. _________ from __________
In connection with these circumstances, the fulfillment of obligations to repay the amount of debt under the consumer loan agreement must be carried out by me to the new creditor - LLC CB "____________" from _________.
Also, the notification stated that for all questions about repaying the amount of debt under a consumer loan agreement, I can contact Main office LLC KB "___________" at the address: ________________.

Previously, I repeatedly submitted applications to LLC CB "___________", in which I asked to provide me with an assignment agreement No. ________ dated _________, which was referred to in the notification, to give me an account statement in which to reflect the amount I contributed towards repayment credit debt, as well as provide me with a new payment schedule with the remaining amount of the loan to be repaid.
In response to all my statements and calls, the employees of LLC KB "___________" assured me that all the documentation would soon be provided to me and I could safely continue to pay the loan.

Currently, I continue to make payments on the loan in favor of LLC KB "__________", but I have reason to fear that my funds do not go towards repaying the loan, but by misleading me, they simply go to the bank.

Due to the fact that the relationship individual(Borrower) and the Bank, arising when concluding a loan agreement, are regulated not only by the civil code of the Russian Federation, but also by the Law of the Russian Federation “On the Protection of Consumer Rights”, for me, as a consumer, on the basis of Art. 8 of this law, the necessary and reliable information must be provided about the manufacturer (performer, seller), its mode of operation and the goods (work, services) sold by it.
The specified information in a clear and accessible form is brought to the attention of consumers when concluding sales and purchase agreements and contracts for the performance of work (provision of services) in ways accepted in certain areas of consumer service, in Russian, and additionally, at the discretion of the manufacturer (performer, seller) , in the state languages ​​of the constituent entities of the Russian Federation and the native languages ​​of the peoples of the Russian Federation.

Also, in accordance with Art. 12 of the Law of the Russian Federation “On the Protection of Consumer Rights”, if the consumer is not given the opportunity to immediately receive information about the product (work, service) upon concluding a contract, he has the right to demand from the seller (performer) compensation for losses caused by unjustified avoidance of concluding a contract, and if the contract is concluded , within a reasonable time, refuse to fulfill it and demand the return of the amount paid for the goods and compensation for other losses.

In the event of another refusal to provide me with the necessary and complete information, I will be forced to file appropriate complaints with Central bank Russian Federation, the Prosecutor's Office and a statement of claim to the court.

Based on the aforesaid and guided by Article. 8, 12 of the Law of the Russian Federation “On the Protection of Consumer Rights”

1. Provide me with assignment agreement No. ________ dated __________, concluded between OJSC “___________” and LLC CB “__________”;
2. Recalculate credit debt the applicant, taking into account the payments already made by him;
3. Provide a new loan payment schedule calculated by LLC CB “_____________”;
4. Send the response to this application with the requested documents attached to me in writing to the above address;

Application:
1. Copy of the loan agreement;
2. A copy of the notice of assignment of the right of claim;

" "______________2014 __________________________________________

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Document information:

Reducing the interest rate on a loan, sample application to the bank, disputes with the bank

Credit lawyer - our company of legal practitioners will help borrowers draw up an application for a reduction in the interest rate on a loan based on an agreement and in connection with a reduction in the key rate by the Bank of Russia. Sample:

117997, Moscow, st. ____________________ Tel: ____________

passport: series _____________, issued on __________________________ May 29, 2003, registered at: ___________

being a borrower of the bank according to the loan agreement No. ___ dated _______________________ 2018.

I ask you to reduce the interest rate under the loan agreement No. 777777777777 dated May 15, 2014 based on clause _______ of the Loan Agreement in connection with the decision of the Board of Directors of the Bank of Russia dated _________________ to reduce the key rate to ____________.

In addition, since “___”__________ ____ my financial situation related to _________ _________________ and my illness _____________________________________________________
, which is confirmed by the following:__________________________________________

Throughout the term of the Loan Agreement No. 7777777777777777777 dated May 15, 2014, I promptly paid all payments to the Bank: principal, interest, commissions; as of the date of this appeal there is no overdue debt.

Notification of the decision taken and please provide a new payment schedule:

q By Russian Post to the address specified in the application;

q In person (at the Bank branch at the place where this application was submitted);

q To personal postal address (e-mail)__________________________________________________________;

Attachment: copies of evidence of illness on ____ page.

Ivanov Ivan Ivanovich_

(Last name, first name, patronymic of the Borrower in full) signature

xn--80aafhcfwmb1bzawf.xn--p1ai

Borrower's application for termination of the loan agreement

It is very difficult to break an agreement with a creditor if the initiative comes from the client. Why might such a procedure be necessary? This can be done to stop the accrual of penalties, fines and penalties.
The agreement with the bank terminates when the entire loan amount plus interest and additional payments are paid. If funds have not been paid at the end of the contract, it remains in force. In this case, the borrower, of course, can submit an application to the bank expressing his desire to terminate the contract. But this step usually does not receive approval from the credit institution, because it is unprofitable for it. If you failed to achieve your goal by agreeing with the bank, there is another option - to file a claim for termination of the loan agreement.

Agreement of the parties to terminate the contract

In a statement to the bank, the client must declare his desire and indicate the reasons for this - loss of a source of income, illness, dismissal, liquidation of the company. But usually the bank refuses to terminate, leaves the request unanswered, and offers unfavorable conditions for the client. This could be an offer to pay the entire amount of the debt with interest and penalties, or a restructuring. If the client owes a large amount, a significant part of which is fines and penalties, then it is better to wait for legal proceedings. Before signing agreements with the bank, you should consult with lawyers regarding credit matters.
Having decided to serve judicial statement, it is worth considering that it interrupts the statute of limitations of the loan, and this may affect the consideration of the loan case. If 3 or more years have passed since the last payment date, in no case should you write such a statement, because the statute of limitations will begin to count again, even when it has already passed.

Termination court

When going to court, the debtor must prove that the reasons why the loan is not repaid are truly valid and it was impossible to foresee them.

Sample application

It must be submitted in writing; the application must include the following information:

• name of the judicial authority;
• first and last name (name) of the applicant, his place of residence (location);
• name and location of the bank;
• what is the violation of the borrower’s rights;
• the requirements put forward;
• the circumstances due to which the application and documentary evidence are submitted;
• list of attached documents.

In addition to the application itself, you must also submit the following documents:

• copies of the application to be sent to the bank and third parties;
• documents that can serve as confirmation of the circumstances that served as the basis for the requirements;
• receipt of payment of state duty;
• If the interests of the plaintiff will be represented by a third party, a power of attorney is required.

The court's decision

Five days after filing the documents, the court will decide whether the case will be accepted for proceedings. After this, a preliminary hearing will be scheduled, and then a hearing. The court decision comes into force after the deadline for filing an appeal has expired.

Sample application for termination of a loan agreement to Sberbank and the court

How to terminate a loan agreement - example application

How to terminate a loan - an example of an application If a situation arises where the client wishes to terminate the loan agreement, then it is necessary, first of all, to submit a written application in free form addressed to the manager banking institution. A possible sample of a bank application can be downloaded for free below.

How to write an application for termination of a loan with a bank?

Application to the bank for termination of the loan agreement 12/31/2013

I entered into a contract with OJSC National Bank"Trust" by filling out a loan application for urgent needs on the following conditions: loan amount = RUB 300,000. loan term = 36 months.

Statement of claim for termination of the loan agreement

Claim for termination of the loan agreement In the _______________ district court of the city _________ tel.

mob. _______________ Defendant: Limited Liability Company on the termination of ____________ year between me, ____________________, and the defendant, LLC KB "________________", Loan Agreement No. _____________ was concluded. Under the terms of this Agreement, I was provided with credit funds in the amount of _____________ rubles for use.

How to terminate a loan agreement - example of an application If a situation arises where the client wishes to terminate the loan agreement, then it is necessary, first of all, to submit a written application in free form addressed to the head of the banking institution.

A possible sample of an application to the bank can be downloaded for free below.

In this case, it is important to take into account the circumstances that accompany the client’s desire to terminate the loan agreement.

If the bank has not yet transferred the money to the client, then everything is quite simple.

Application to the bank for termination of a loan agreement. Mostly, termination of a loan agreement occurs due to the fact that the borrower has lost his job and is unable to repay debt obligations, or the terms of the agreement have been changed, which no longer suits the debtor.

In the first case, it makes sense to write to the bank a statement about the inability to pay the loan and restructuring

In _______________ district court of the city _________ tel. mob. _______________ Defendant: Limited Liability Company on the termination of the loan agreement of the year ____________ between me, ____________________, and the defendant, LLC KB "________________", a loan No. _____________ was concluded. Under the terms of this, I was provided with funds in the amount of _____________ rubles for use.

How to terminate a loan agreement through court

You can file a claim in court personally or through an authorized representative, at your place of residence or location of the bank.

When going to court, you should draw up a statement of claim, which indicates: If there are several defendants in the case, make the appropriate number of copies of this statement.

How to write an application for termination of a loan agreement with a bank?

Today it has become easier for people to take part in lending. To do this, just find out which bank will give you a loan 100 percent and submit an application there. Many financial institutions issue loans with minimal requirements for applicants, but at the same time insure themselves with inflated rates and short terms.

Application to the bank for termination of the loan agreement

STATEMENT

on termination of the loan agreement

31.12.2013 g. I concluded with OJSC National Bank Trust loan agreement by filling out an application for a loan for urgent needs on the following conditions:

• loan amount = 300,000 rub.
• loan term = 36 months.
• interest rate on the loan = 25% per annum.

In fact, during the period from December 31, 2013 to December 1, 2014, I received funds in the amount of RUB 260,000 ., which is confirmed by a personal account certificate (attached).

I repaid the loan with periodic payments in the following order:

• January 21, 2014 – 6,000 rubles.
• February 27, 2014 – 12,000 rubles.
• April 03, 2014 – 13,000 rub.
• April 22, 2014 – 12,000 rubles.
• July 02, 2014 – RUB 13,100.
• July 14, 2014 – RUB 13,700.
• September 15, 2014 – 10,000 rubles.
• October 16, 2014 – RUB 5,000.
• November 09, 2014 – 500 rub.

The total amount of funds contributed by me to repay the loan is RUB 85,300 . Thus, the amount of the principal debt under the loan agreement is RUB 174,700 The amount of interest for using the loan in the period from the date of receipt of the loan to the present (01.01.2014 – 01.12.2014) is RUR 59,488

Currently, I have lost the opportunity to fulfill the loan agreement on the terms agreed with the bank, since I have lost my job and income.

At the same time, I have been divorced from my husband since November 25, 2003; I have two dependent minor children - Anton, born 03/12/2009 and Anastasia, born 09/01/2001. My daughter has been assigned a disability, which is confirmed by the ITU-2012 certificate (attachment to the claim). Former spouse financial assistance doesn't help me.

My ability to find work is currently limited due to childcare.

Maintaining the loan agreement on the agreed terms will result in the ruin of my family.

In accordance with the provisions of Article 450 and Article 451 of the Civil Code of the Russian Federation, an agreement (including a loan agreement) can be changed by a court decision if there is a significant change in the circumstances from which the parties proceeded when concluding the agreement, unless otherwise provided for by the agreement or follows from its essence . A change in circumstances is considered significant when they have changed so much that, if the parties could have reasonably foreseen it, the contract would not have been concluded by them at all or would have been concluded on significantly different terms.

In accordance with paragraph 2 of Art. 451 of the Civil Code of the Russian Federation, if the parties have not reached an agreement to bring the contract into compliance with significantly changed circumstances or to terminate it, the contract may be terminated by the court if the following conditions are simultaneously met:

1) at the time of concluding the contract, the parties assumed that such a change in circumstances would not occur;

2) the change in circumstances was caused by reasons that the interested party could not overcome after their occurrence with the degree of care and prudence that was required of it by the nature of the contract and the conditions of turnover;

3) execution of the contract without changing its terms would so violate the relationship of property interests of the parties corresponding to the contract and would entail such damage for the interested party that it would largely lose what it had the right to count on when concluding the contract;

4) it does not follow from business customs or the essence of the contract that the risk of changes in circumstances is borne by the interested party.

Based on the above and in accordance with Articles 450, 451 of the Civil Code of the Russian Federation, I ask you to terminate the loan agreement concluded on December 31, 2013.

Note! There are two options for terminating a loan agreement - by agreement of the parties and through the court. Unfortunately, practice shows that it is almost impossible to terminate the contract at the borrower’s initiative without the bank’s consent. However, if you intend to try, then first of all you need to send a written application to the bank. This document will first serve as the basis for discussing with the bank the possibility of termination under the agreement, and then it can be presented in court as evidence of an attempt at pre-trial settlement.

In any case, to terminate the contract, your desire alone is not enough; you need a convincing reason, for example, a significant change in circumstances. In your application, you must indicate this reason, refer to the legislation and attach supporting documents. Most often, borrowers indicate dismissal from work and other financial difficulties as changed circumstances. However, both the bank and the court rarely take such arguments into account.

Arbitrage practice recognizes the following grounds for termination of the loan agreement:

1. Significant deviations from the conditions specified in the agreement on the part of the lender or borrower. Termination of the loan obligation is inevitable.
2. The borrower lost the collateral (apartment, car) due to force majeure.
3. The money was used for other purposes (for example, they took it to buy a car, but paid for a trip abroad).
4. Loan payments were more or less than the amount specified in the agreement.

The application drawn up according to the template must be sent to the bank by registered mail, a valuable letter with a list of investments and a receipt. You can also personally take the application to the bank, leaving a second copy for yourself, on which the bank employees must mark acceptance. If your actual residence address does not match your registered address, we recommend that you do not indicate your actual address as a mailing address. It is better not to give the bank additional information about your place of residence, but for correspondence, open a post office box at any post office. By the way, it is also better not to indicate your main phone number, but to buy a separate SIM card for such purposes.

It is important to understand that any official correspondence with a bank is a purely legal issue, and only a professional lawyer can understand all its details. For example, when sending an application to the bank, you need to take into account that you are thereby interrupting the statute of limitations on the loan. In each specific situation there are many features that need to be analyzed before writing official statements. We strongly recommend that you consult with a credit lawyer, especially if you see the possibility that the situation with your credit may end up in court.

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